MISS TELMA GONSALVES Vs. NAMDEV BABUSAO CHODANKAR

JUDGEMENT

(1.) Heard Shri M. B. D'Costa, learned Senior Counsel appearing for the Petitioner and Shri Amonkar, learned Counsel appearing for the Respondent. During the course of the hearing of the above Writ Petition, a point came for consideration as to whether the revision preferred by the Respondent which resulted in the impugned Order before the learned Administrative Tribunal, was itself maintainable in law.

(2.) The records reveal that it is not in dispute that the proceedings initiated by the Respondent was for registration of Mundkar in terms of Section 29 of the Goa Daman and Diu Mundkars (Protection from Eviction) Act, 1975, (hereinafter referred to as the said Act). The application for registration came to be allowed by the learned Mamlatdar. Being aggrieved by the said Order, the Petitioner preferred an Appeal before the learned Addl. Dy. Collector in terms of Section 29(8) of the said Act. The Dy. Collector allowed the Appeal preferred by the Petitioner by an Order dated 21.10.1998. Being aggrieved by the said Order, the Respondent preferred a revision before the learned Administrative Tribunal which came to be allowed by the impugned Order dated 29.07.2010. The Petitioner being aggrieved by the said Order, preferred the above Writ Petition.

(3.) In order to examine the said point involved in the above Writ Petition with regard to the jurisdiction of the learned Administrative Tribunal to exercise the revisional powers in terms of the said Act, it would be appropriate to note the relevant provisions of the said Act. Section 25 of the said Act, reads thus: