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2010 Supreme(Bom) 1191

N.A.BRITTO
Shankar Babani Halarnkar – Appellant
Versus
Sharayu Kauthankar – Respondent


Advocates Appeared
For the Petitioner:Shweta Naik, Advocate. For the Respondents:R2 to R7, G. Vijaychandran, Advocate.

Judgment :-

1. Heard learned Counsel on behalf of the parties.


2. Rule. By consent heard forthwith.


3. In this Writ Petition, the petitioner has assailed the order of the Administrative Tribunal, in Mundkar Revision Application No.8/2005.


4. The petitioner herein claims to be the mundkar of the respondents in respect of a house which the respondents constructed in the government land, which has been subsequently and specifically granted to the respondents, as Class II occupants, by virtue of order dated 25/01/1985 with certain conditions.


5. The petitioner herein filed an application against the respondents claiming that he was their mundkar. The said application is dated 31/12/1999 and was filed under Section 8A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act, for short) and in which application the petitioner clearly stated that the said house was existing in government land and was existing for the last more than 50 years and the petitioner was occupying the same since last 25 years. The learned Mamlatdar by order dated 31/05/2001 rejected the objection taken by the respondents. The objection taken was that the application was not maintainable as the


































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