WP/526/2003 of FOMENTO RESORTS AND HOTELS LTD., AND ANR., Vs STATE OF GOA AND 2 ORS., on 24 November 2003

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 526 OF 2003

FOMENTO RESORTS AND HOTELS LTD., AND ANR.,

Versus

....Petitioners

STATE OF GOA AND 2 ORS.,

....Respondents

SHRI SUDESH USGAONKAR,AG WITH MR.H.D.NAIK,AGA- -Coram:A.M.KHANWILKAR &

P. V. HARDAS, JJ.

-Date:24th November, 2003

P.C.:

Pursuant to the Notice issued by thisCourt, an affidavit-in-reply is filed bythe Member Secretary of Respondent No.2,Goa Coastal Zone Management Authorityand in paragraph 2 it has been statedas under:- "Persuant to this Petition, Respondentshave been advised that the propercourse to be followed in the matter isto take a decision after affordingadequate opportunity of hearing thePetitioner. Hence impugned order betreated as withdrawn and the matter now will be heard on 5th December, 2003at 11.00 a.m. and further orders wouldbe issued, thereafter."

In view of the above statement in theaffidavit-in-reply, in our opinion,Petition does not survive and deserves to be disposed of and is accordinglydisposed of. It is open to therespondents to take appropriate actionaccording to law. As stated in theaffidavit-in-reply, let the Petitionersappear on 5th December, 2003 at 11.00 ambefore the second respondent. Petitionis accordingly disposed of. Noticedischarged. No order as to costs.

A.M.KHANWILKAR, J.P. V. HARDAS, J.