DOMINICA RODRIGUES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally with the consent of the learned counsel for the parties. Mr. Dangui, learned Government Advocate waives notice on behalf of the respondents.

(2.) The petitioner is basically aggrieved by the order dated 9.11.2018 made by respondent no.3 suspending the N.O.C. for operation of bar and restaurant. There is no dispute that respondent no.3 has made the order dated 9.11.2018 in exercise of powers vested in him under Section 94A of the Goa, Daman and Diu Public Health Act, 1985 and Rules, 1987 (for short "Act) made therein.

(3.) The petitioner has pointed out that Section 103 of the said Act provides an appeal against the decision of respondent no.3- Health Officer. However, it is submitted that till date, no appellate authority has been constituted and, therefore, the petitioner is deprived of the right to appeal against the order dated 9.11.2018 made by respondent no.3. In the aforesaid fact situation, the petitioner, prays for the following reliefs in the present petition:-