CEDRIC DSOUZA Vs. JOSEPH VICTOR DSOUZA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) It is seen from the order dated 03.02.2015 impugned in this Writ Petition that affidavit filed by one Mary Anne Virginia D'Souza was not available for consideration before the learned Deputy Collector, who rejected the application filed by the respondent, for condonation of delay occurred in filing of the appeal under Section 188 of the Goa, Daman and Diu Land Revenue Code. If this was the case, the learned President of the Administrative Tribunal, Panaji, Goa ought not to have proceeded with the appeal in a manner that he was the original authority considering for the first time the application for condonation of delay in filing the appeal. If at all a need was felt by the learned President for giving an opportunity to the respondent in order to determine aspect of sufficient cause, the learned President ought to have been remanded the matter to the learned Deputy Collector for considering the matter afresh by applying his mind to the new facts, if any, brought on record by the parties.

(3.) On perusal of the order passed by the learned Deputy Collector also, it is seen that the learned Deputy Collector has not considered the application filed for grant of certified copy of mutation Entry No. 22271 by Mrs. Victoria D'Souza, in its proper perspective. This application was filed on 01.09.2010, which appears to have been moved under the provisions of Right to Information Act. This aspect of the matter has not been considered by the learned Deputy Collector.