CARLOS FRANCISCO MONTEIRO Vs. JOSEFINA BAPTISTA

JUDGEMENT

(1.) Heard Mr. V. P. Thali, learned counsel for the Petitioner and Mr. Nitin Sardessai, learned Senior Advocate who appears along with Ms. G. Kamat for the Respondents in both these petitions.

(2.) Considering the connection between the two petitions, it is only appropriate that both these matters to be disposed of by a common judgment and order. In Writ Petition No.112 of 2011, the challenge is to the demarcation order made by the Joint Mamlatdar of Bardez purporting to demarcate the mundkarial area of the dwelling house occupied by the Respondents. As against the Joint Mamlatdar's order dated 27th October, 2009, the Petitioner instituted a revision before the Deputy Collector, Mapusa. By the judgment and order dated 3rd November, 2010, the Deputy Collector dismissed the revision application. The Petitioner then instituted yet another revision application before the Administrative Tribunal. The Administrative Tribunal vide its order dated 6th December, 2010 declined to entertain the revision application by observing that in terms of Section 24 of Goa, Daman and Diu Mundkars (Protection from Eviction ) Act, 1975 ( the said Act ) such revision would lie to the Government and not the Tribunal. The Petitioner in Writ Petition No.112 of 2011 has challenged all these orders fundamentally on the ground that unless and until the Respondents were declared as mundkars in respect of the dwelling house, there was no question of entertaining any application on their behalf seeking to purchase the dwelling house or to undertake any demarcation of mundkarial area of the dwelling house.

(3.) Possibly during the pendency of Writ Petition No.112 of 2011, the Joint Mamlatdar vide order dated 12th July, 2011 proceeded to allow the Respondents' application dated 20.10.1997 for purchase of dwelling house. The Petitioner, without availing the remedy of appeal and revision provided under the said Act instituted Writ Petition No.470 of 2011 to challenge the Joint Mamlatdar's order dated 12th July, 2011.