ROYAL HOTEL, CALANGUTE, BARDEZ Vs. STATE OF GOA, THROUGH ITS CHIEF SECRETARY, HAVING OFFICE AT SECRETARIAT, PORVORIM, BARDEZ- GOA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, rule returnable forthwith, and taken up for hearing and final disposal.

(2.) We are unable to understand how the authorities, despite the directions of 16th May 1996 issued under the Goa Daman and Diu Registration of Tourist Trade Act 1982, failed to register the Petitioners' hotel M/s Royal Hotels at Calangute. We find that the Petitioner is being confronted with notices saying that the Royal Hotel is illegal, presumably for want of very registration that has been ordered. We do not see how the Respondents can on the one hand refuse registration that has been ordered and then allege illegality for want of that very registration.

(3.) The final order of 16th May 1996 was an appellate order passed by the Commissioner and Secretary (Finance), Government of Goa. He is the appellate authority under the Tourism Trade Act 1982. The concluding apart of that order says that the order of the authority below was definitely arbitrary and bad in law. There was no material to prove any violation. The Commissioner therefore had no hesitation in accepting the appeal. He set aside the order dated 3rd August 1993 impugned before him. Most importantly, he directed the respondent before him, the Director of Tourism, to issue the Registration Certificate within 30 days.