MARIA AQUINA LOBO Vs. DIRECTOR OF PANCHAYAT

JUDGEMENT

(1.) THIS writ petition is instituted by the petitioner under Article 226 of the Constitution of India. The petitioner prays for a writ of mandamus directing respondents No. 1 and 2 to remove the obstruction to the public access situated in between Lote No. 50 and Lote No. 51.

(2.) IT is the case of the petitioner that she is residing at Palmar. St. Estevam, Tiswadi, Goa. She is resident of the Village more particularly described in the cause title and the petition is filed by her on behalf of herself, so also the Villagers. It is her case that the Villagers have been using the access which is shown on a plan annexed as Annexure "a" to the petition. It is urged that in front of the house of the petitioner, there is a lane belonging to the Communidade of Jua, St. Estevam which is shown in this plan. This plan was drawn in the year 1930 and has become final. It is her case that the recent survey plan also shows the public access and a separate survey number is given to it.

(3.) A reference is made by the petitioner to a civil suit being Civil Suit no. 4/69, which was filed before the Civil Judge, Sr. Division at Bicholim by her father-in-law against one Mathias Monserrate and Irene Afonso Marques. The suit was filed in a representative capacity i. e. on behalf of the Villagers. The defendants in the suit were trying to obstruct the public passage. The said suit came to be decreed in favour of the father-in-law of the petitioner and it was held that the Tambacao has become final and that the lane between Lote no. 50 and Lote No. 51 has always been used as means of transit by the villagers as a way to the church, school, market etc. The lane was also used by vehicles and, in such, circumstances, the defendants to the suit were directed to remove the stones and other obstructions. The Judgment of the civil Court is delivered way back in 1974 and copy thereof is annexed as annexure "d".