1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 362 OF 2011 Shri Rajaram G. Naik, son of Shri Giri Naik, 50 years of age, businessman, married, residing at House No.158, Gokhle Building, Upper Bazar, Ponda, Goa. ... Petitioner versus 1. The Director of Mines and Geology, The Directorate of Mines and Geology, Government of Goa, with his office at Udyog Bhavan, Panaji, Goa. 2. The Mamlatdar of Ponda, with his office at Ponda, Goa. ... Respondents Shri V. P. Thali, Advocate for the Petitioner. Shri A. Kamat, Additional Government Advocate for the Respondents. CORAM : S. A. BOBDE & F. M. REIS, JJ. DATE : 27TH JUNE, 2011. ORAL JUDGMENT(Per S. A. BOBDE, J.) Rule. 2 2. Rule returnable forthwith. 3. Heard by consent. 4. Shri V. P. Thali, learned Counsel for the Petitioner submits that the Order is vitiated for violations of principles of natural justice, as the Order itself makes the following recital:- “AND WHEREAS, your reply dated 18/02/2010 is not considered by Government”. 5. Shri A. Kamat, learned Additional Government Advocate submits that this aforesaid statement is a mistake in the Order. In any event, we find that the Order is vitiated since it does not contain any reasons for refusing to accept the explanation in the reply, assuming that it was considered. In this view of the matter, the Demand Notice dated January, 2011 is hereby set aside. The matter is remanded back to the Directorate of Mines & Geology for fresh decision in accordance with law. 6. All contentions are left open. 3 7. Petitioner to appear before the Directorate of Mines & Geology on 1-7-2011 at 4.30 p.m. S. A. BOBDE, J. F. M. REIS, J. RD