MARIANO S.J. GODINHO Vs. HENRIQUES CARNEIRO

JUDGEMENT

(1.) Rule. With the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India is invoked against two orders, being order dated 26/03/2012 passed by the Deputy Collector in case No.Mund/Revision/5/09 and order dated 3/04/2013 passed by the Joint Mamlatdar in case No. JM-II/MUND/PURCH/VAS/01/2008.

(3.) The backdrop to the above proceedings is the declaration issued in favour of the respondent no.1 by the Mamlatdar declaring him to be a Mundkar. It is the case of the petitioner that the said order dated 22/02/2002 declaring the respondent no.1 as a Mundkar is an ex-parte order. It appears that the petitioner gathered knowledge of the said order when he received notice in the proceedings for purchase filed by the respondent no.1 being Case No.JM-II/MUND/PURCH/VAS/01/2008. It is on receipt of the said notice that the petitioner came to know that there is an order passed by the Mamlatdar declaring the respondent no.1 as a Mundkar in respect of the property in question. The petitioner thereafter immediately filed two applications, one for setting aside the said ex-parte order, which is the application filed on 8/05/2008, and an application for staying the purchase proceedings which were pending before the Mamlatdar which is the application filed on 2/06/2008. Since the purchase proceedings were being proceeded with by the Mamlatdar the second application, which was filed on 2/06/2008 came to be moved by the petitioner for staying the said purchase proceedings. The said application came to be rejected by the Joint Mamlatdar-II, Mormugao Taluka by his order dated 30/09/2009 and the rejection is on the ground that the petitioner i.e. the applicant had not filed any application before any competent Court to set aside the judgment and order declaring the respondent no.1 as Mundkar, as also not produced any stay order to stay the proceedings.