Trajano D'Mello. vs. State Of Goa, Thr. Its Chief Secretary And Anr.
Held
The Court held that since the affidavit filed by the Director of Tourism confirmed that there were no dues presently payable to the State Government, there was no point in keeping the Public Interest Litigation pending. The Court acknowledged the submissions regarding Central GST liabilities and the ongoing criminal proceedings for dishonoured cheques but considered these matters outside the immediate scope of the PIL concerning State dues. Therefore, the Court decided to dispose of the petition. The operative direction was to dispose of the petition as there were no dues payable to the State Government.
Facts
This Public Interest Litigation (PIL) was filed by Trajano D'Mello against the State of Goa and another respondent (identified as respondent no.3). The petitioner sought to address dues payable to the State Government. During the proceedings, the Director of Tourism filed an affidavit stating that there were no dues currently payable to the State Government, although some Central GST liabilities might exist. The Advocate General informed the court that respondent no.3 had until March 31, 2020, to file returns related to Central GST. Respondent no.3's counsel stated that returns had already been filed and payments made. The court noted that criminal proceedings had been initiated against respondent no.3 for dishonour of a cheque, which was confirmed by respondent no.3's counsel. Since there were no dues payable to the State Government, the court deemed it unnecessary to keep the petition pending.
Key Issues
1. Whether there are any outstanding dues payable to the State Government by respondent no.3, which is the primary concern of the Public Interest Litigation. Petitioner's Argument: The petitioner, through the PIL, aimed to ensure that dues owed to the State Government were settled. The existence of such dues would be the basis for the petition's continuation. Revenue/State's Argument: The State Government, through the affidavit filed by the Director of Tourism, contended that there were no dues presently payable to the State Government. The Advocate General also indicated that respondent no.3 had a deadline to file returns for Central GST liabilities and that criminal proceedings were underway for a dishonoured cheque. Respondent no.3's counsel asserted that returns had been filed and payments made.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WP NO. 1 OF 2020 TRAJANO D'MELLO., ... Petitioner Versus STATE OF GOA, THR. ITS CHIEF SECRETARY AND ANR., ... Respondents Mr. Rohit Bras De Sa, Advocate for the petitioner. Mr. D.J. Pangam, Advocate General with Mr. Deep D. Shirodkar, Additional Government Advocate for the respondent nos.1 and 2. Mr. Vibhav Amonkar, Advocate for the respondent no.
Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ. Date:- 28th February, 2020 P.C.: Heard Mr. Rohit Bras De Sa, learned Counsel for the petitioner, Mr. D.J. Pangam, learned Advocate General with Mr. Deep D. Shirodkar, learned Additional Government Advocate for the respondent nos.1 and 2 and Mr. Vibhav Amonkar, learned Counsel for the respondent no.3. 2. Today, Shri Menino D'Souza, the Director of Tourism has filed an affidavit before us. The affidavit states that atleast presently there are no dues payable to the State Government, though, some dues may become payable to the Central Government towards discharge of Central GST liabilities. The 2 PILWP/1/2020 learned Advocate General states that the respondent no.3 has time upto 31/03/2020 to file his ret
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