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2008 Supreme(SC) 535

ARIJIT PASAYAT, P.SATHASIVAM
Government of Goa – Appellant
Versus
A. H. Jaffar and Sons – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Goa in Writ Petition no. 41/93 filed by the respondents. The writ petition no. 41/93 was filed seeking quashing of the orders dated 3rd January, 1991 passed by the Directorate of Mines and Labour and dated 22nd March, 1999 passed by the Secretary, Mines, Government of Goa. Further prayer was for direction for grant of respondents application for mining lease over an area of 34.68 hectares situated at two different villages in Ponda Taluka after executing the necessary lease deeds in favour of the respondents.

2.After referring to the chequered history of the litigation the High Court ultimately directed as follows :

“18.Considering the fact that the matter is pending over 16 years, as the Respondents were without addressing themselves to the main issue involved in the matter, virtually compelling the Petitioner to approach the Court every now and then to make the Respondents realize about the main issue involved in the matter, and considering all the observations made hereinabove, we are compelled to direct the Respondents to dispose of the application of the








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