SHRI M.C. AFONSO Vs. MRS. FELICIDADE PEREIRA

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents, waives service. Heard finally by consent of parties.

(2.) The dispute is about demarcation of boundary of land bearing Chalta No. 110 and 110-A of P.T. Sheet No. 174 of City Survey of Panaji, having an area admeasuring 565 square metres. There were two rounds of demarcation carried out in this case. The first round concluded on 21.01.2010. However, on account of certain objections raised, the learned Deputy Collector by an order dated 04.05.2011, directed the DSLR to re-demarcate the property, on the basis of survey plan and submit report. DSLR submitted the demarcation report on 31.05.2011 to which, certain objections were raised on behalf of the respondents. The Deputy Collector, after considering both the survey reports by an order dated 12.08.2011, rejected the objections raised by the respondents and confirmed the report of the DSLR. This was challenged by the respondents before the learned Administrative Tribunal. The Administrative Tribunal by judgment and order dated 26.09.2014, has allowed the appeal and remanded the matter back to the Deputy Collector. The petitioner filed Miscellaneous Application No. 5/2014 for review, which was rejected by the Administrative Tribunal on 14.09.2015, which brings the petitioner to this Court.

(3.) It is contended on behalf of the petitioner that the Administrative Tribunal has entirely proceeded on the basis of the earlier demarcation and has not adverted to the demarcation report dated 31.05.2011. It is submitted that the learned Deputy Collector after considering both the survey reports had rightly upheld the demarcation report dated 31.05.2011 and there was no case made out for remand.