Case Note & Summary
The petitioner, Dhaktu Naik, challenged the order dated 12/6/2019 of the Director of Tourism, Goa, cancelling his shack licence for filing false affidavits regarding the pendency of criminal cases against him. In 2013 and 2016, the petitioner filed affidavits stating that he had no criminal background and no charge sheet pending against him. However, at the time of the 2013 affidavit, Criminal Case No. 46/S/2013 was pending against him for offences under sections 143, 147, 148, 324, 427, 504, 506, 356 r/w 511, 149 of IPC, involving violence. At the time of the 2016 affidavit, Criminal Case No. 86/S/2015 was pending for offences under sections 423, 468, 471, 420 of IPC, for which he was later convicted on 21/3/2018 but given benefit of the Probation of Offenders Act, 1958. The court held that the issue was not about the effect of acquittal or probation, but about the petitioner's suppression of material facts and making false statements in affidavits to secure the shack licence, in violation of Clause 25 of the Tourism Policy 2016-2019. The court dismissed the petition, upholding the cancellation of the licence.
Headnote
A) Tourism Law - Shack Licence Cancellation - False Affidavit - Clause 25 of Tourism Policy 2016-2019 - Petitioner suppressed pendency of criminal cases and made false statements in affidavits filed in 2013 and 2016 to obtain shack licence - Held that cancellation of licence was justified as petitioner violated the policy requirement to disclose criminal background and pending charge sheets (Paras 1-7).
Issue of Consideration
Whether the cancellation of shack licence for filing a false affidavit regarding pendency of criminal cases is justified.
Final Decision
The petition is dismissed. The order dated 12/6/2019 cancelling the shack licence is upheld.
Law Points
- Suppression of material facts
- False affidavit
- Cancellation of licence
- Tourism policy
- Clause 25
- Criminal background disclosure
Case Details
2019 LawText (BOM) (09) 229
Writ Petition No. 775 of 2019
M. S. Sonak, Nutan D. Sardessai
Prasheen Lotlikar for Petitioner, Manish Salkar for Respondents
State of Goa, thr. Chief Secretary and 2 Ors.
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Nature of Litigation
Writ petition challenging cancellation of shack licence.
Remedy Sought
Petitioner sought quashing of order dated 12/6/2019 cancelling his shack licence.
Filing Reason
Petitioner's shack licence was cancelled for filing false affidavits regarding pendency of criminal cases.
Previous Decisions
Director of Tourism cancelled shack licence on 12/6/2019.
Issues
Whether the cancellation of shack licence for filing false affidavit regarding pendency of criminal cases is justified.
Submissions/Arguments
Petitioner's counsel argued that the petitioner is a rustic villager and had no intention to make false statements.
Respondent's counsel supported the cancellation based on violation of Clause 25 of the Tourism Policy.
Ratio Decidendi
Suppression of material facts and making false statements in affidavits to obtain a shack licence violates Clause 25 of the Tourism Policy, justifying cancellation of the licence.
Judgment Excerpts
The challenge in this petition is to the order dated 12/6/2019 made by the Director of Tourism (Respondent no.2) cancelling the shack licence allotted to the petitioner inter alia for filing of a false affidavit in relation to the pendency of criminal cases against him.
The fact that the charge sheet was indeed pending was suppressed by the petitioner and in fact, patently false statement was made in the affidavit in order to secure shack licence.
Procedural History
The petitioner filed affidavits in 2013 and 2016 for shack licence, suppressing pending criminal cases. The Director of Tourism cancelled the licence on 12/6/2019. The petitioner challenged this order by filing Writ Petition No. 775 of 2019 before the High Court of Bombay at Goa, which was dismissed on 5/9/2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 143, 147, 148, 324, 427, 504, 506, 356, 511, 149, 423, 468, 471, 420
- Probation of Offenders Act, 1958:
