NT Reporter
Panaji
The High Court of Bombay at Goa has disposed of a writ petition filed by Club Bernado Peres de Silva challenging an ex parte interim order passed by the Goa Lokayukta, declining to interfere with the order and allowing the petitioner to contest the matter before the Lokayukta.
Single-judge bench Justice S G Chapalgaonkar passed the order. The petitioner, represented by Yogiraj Digambar Kamat, had sought a writ of certiorari to quash the Lokayukta’s
October 7 order.
The interim direction had kept a “no objection” certificate granted by the Chief Officer of the Margao Municipal Council in abeyance while issuing notice
to the petitioner.
Advocate Shivan Desai, appearing with Riya Amonkar for the petitioner, argued that the Lokayukta had passed the order without issuing prior notice or granting a hearing in two earlier proceedings.
Citing the Division Bench judgment in Bhumika Cleantech Services Pvt. Ltd. v. Lokayukta, Goa, Desai contended that the Lokayukta’s powers were purely recommendatory and that it could not curtail third-party civil or proprietary rights through
interlocutory directions.
Advocate Shivraj Gaonkar, representing respondent No. 1 Joseph Paul Savio Coutinho, submitted that the Lokayukta was empowered to issue necessary interlocutory orders to meet the ends of justice. He also urged the petitioner to seek recall of the order before the Lokayukta itself.
Justice Chapalgaonkar declined to interfere with the interlocutory order, holding that the petitioner had a full opportunity to contest the matter before the Lokayukta.
