JAIWANTI NARAYAN KAMAT Vs. FR. ANACLETO D' MELLO

JUDGEMENT

(1.) Heard Mrs. Agni, learned Counsel appearing for the Petitioners and Shri Valmiki Menezes, learned Counsel appearing for the Respondents.

(2.) The above Petition, inter alia, seeks for a writ of certoriari or writ in the nature of certoriari to quash and set aside the Judgment and Order dated 13.05.2009 passed by the learned Administrative Tribunal and the Orders dated 05.01.2006 and 16.03.2004 passed by the learned Deputy Collector and S.D. O. Panaji, and the learned Joint Mamlatdar, Panaji.

(3.) Briefly, the facts of the case as stated by the Petitioners are that the Petitioners reside in a House no. E-119 situated at Goltim, Navelim, surveyed under no. 10/26 of which the Respondents are the owners/Bhatkars thereof. It is also the case of the Petitioners that in view of the consent obtained from the Respondents and due to deemed consent, they have been residing in the suit house since the year 1973 and, as such, on account of deemed consent, as no suit for eviction has been filed against them on the ground that they were trespassers, they are entitled to occupy the house as Mundkars. The Respondents filed a Civil Suit no. 222/1992, inter alia, claiming that the Petitioners had trespassed in the house bearing no. E-119 and they have failed to vacate the same and, consequently, sought to evict the Petitioners from the suit house. The Petitioners filed their written statement, inter alia, claiming that they are the Mundkars of the suit house and as such an issue was referred to the learned Mamlatdar of Tiswadi, vide Order dated 22.10.1997, by the Civil Court in terms of the Mundkar Act. The learned Mamlatdar after holding a due inquiry, by an Order dated 16.03.2004, decided the issue in the negative. An Appeal was preferred in terms of the said Act to the learned Deputy Collector which also came to be dismissed on 05.01.2006. Thereafter, a revision was preferred by the Petitioners before the learned Administrative Tribunal which also came to be dismissed by the Order dated 13.05.2009. All the said Orders passed by the said authorities below are sought to be challenged in the present proceedings.