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Bombay High Court

Daman Hospitality Pvt. Ltd. And Anr vs U. T. Administration Of Damn And Diu Thru ... on 5 April, 2022

Bench: G.S. Patel, Madhav J. Jamdar

                                                                        922-ASWP-317-2019.DOC




                      Ashwini



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 317 OF 2019


                      Daman Hospitality Pvt Ltd & Anr                          ...Petitioners
                           Versus
                      UT Administration of Damn and Diu through the          ...Respondents
                      Department of Tourism & Ors


                      Mr Janak Dwarkadas, Senior Advocate, with Virag Tulzapurkar,
                           Senior Advocate, Nikhil Sakhardande, Senior Advocate, Rohan
                           Rajadhyaksha, Rajendra Barot, Sonali Mathur, Anusha Jacob
                           & Vedant Jalan, i/b AZB & Partners, for the Petitioner.
                      Mr HS Venegaonkar, for the Respondent.


                                             CORAM          G.S. Patel &
                                                            Madhav J. Jamdar, JJ.
                                             DATED:         5th April 2022
                      PC:-


1. Time is sought on behalf of the Respondents. We fix the ASHWINI HULGOJI matter peremptorily irrespective on the caption of the daily board. GAJAKOSH Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2022.04.07

2. The Petition relates to the Dadra and Nagar Haveli and 09:53:20 +0530 Daman and Diu Gambling Act 1976. In this Act Section 4A has been added and this set out at page 171.

Page 1 of 2

5th April 2022 922-ASWP-317-2019.DOC

3. We note Mr Dwarkadas's submission that the Petitioners have not challenged the vires of Section 4A. In fact, Mr Dwarkadas clarify that the challenge is not to the vires of any part of the Act but only to the withdrawal Notification of 2014 and the impugned notices at Exhibit "S" & "T" dated 31st August 2018 rejecting the application by the 1st Petitioner for the grant of a license under Section 13A.

4. There is also no challenge to the Dadra and Nagar Haveli and Daman Diu (Adaption of Central Laws And State Laws) Fourth Order 2022. Mr Dwarkadas for the Petitioners says that this is correctly not challenged.

5. List the matter on 23rd June 2022 at 2.30 pm. (Madhav J. Jamdar, J) (G. S. Patel, J) Page 2 of 2 5th April 2022