ALEX J FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioners have challenged the orders passed by the Director of Tourism, Panaji Goa dated 19 April 2017 and 24 May 2017 cancelling the allotment of shacks granted to the Petitioners under the Tourism Policy formulated by the State of Goa for the year 2016-2019, on a complaint filed by Respondent No.3.

(2.) The Petitioners applied to the Director of Tourism for allotment of shacks on 25 and 27 October 2016. As per the policy, the lots were drawn on 11 November 2016. The permission cum licence was granted to the Petitioners by the Director on 1 December 2016 to erect the shacks on the beach and carry out business. In pursuance to the permission so granted, the Petitioners erected their shacks at location nos.3 and 4 at Umtawado, Calangute, North Goa.

(3.) A complaint was filed by Respondent No.3 on 16 December 2016 to the Director of Tourism. In the complaint, the Respondent No.3 stated that the Petitioners have been granted permission for running a shack in total violation of the Policy as the Petitioners are having a flourishing business of Rent-a-Bike. Respondent No.3 complained that the allotment of the shacks in favour of the Petitioners, being in violation of the policy, should be cancelled. In view of the Complaint, a show cause notice was issued to the Petitioners. During pendency of the first show cause notice dated 16 December 2016, the Respondent No.3 filed an additional complaint on 20 January 2017. The Petitioners filed their response to both the complaints and denied the allegations. The Petitioners contended that the Petitioners applied for permission to erect a shack under the policy as the Petitioners were unemployed. It was stated that they had no source of income and the business they had earlier was already sold to the third party much prior to making an application. The Petitioners contended that they had not violated any terms of the Tourism Policy and they were entitled to the grant of a licence for shack. By order dated 27 February 2017, Respondent No.2- Director of Tourism cancelled the allotment of the shacks made in favour of the Petitioners. The Director concluded that the Petitioners had violated the Clause No.2 of the Tourism policy. The order dated 27 February 2017 passed by the Director was challenged by the Petitioners by filing Writ Petition Nos.240 of 2017 and 246 of 2017. The Division Bench of this Court (Mohta and Bhadang,JJ) by order dated 7 March 2017 set aside the order passed by the Director dated 27 February 2017 and remanded the proceedings to Respondent No.2 Director of Tourism for fresh consideration.