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2003 Supreme(Bom) 1401

A.M.KHANWILKAR, P.V.HARDAS
Vasudeo Rajendra Deshprabhu – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
V.S. Nadkarni Senior Advocate with Shri Y.V. Nadkarni, Advocate, for the petitioner
Shri H.R. Sharne, Government Advocate, for the respondent Nos. 1 and 2; Non for the respondent No.3.

JUDGMENT

Khanwilkar, J.-By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the constitutional validity of the Goa Mundkars (Protection From Eviction) (Amendment) Act, 1993, (Goa Act No. 6 of 1995) (31.3.1995) (hereinafter referred to as "the Amendment Act of 1993") and the Goa Mundkars (Protection from Eviction) (Amendment) Act, 1995, (Goa Act No.2 of 1996) (19.1.1996) (hereinafter referred to as "the Amendment Act of 1995"), on the ground that the said Amendment Acts are ultra vires the petitioner's fundamental rights enshrined under Article 14 read with Article 13(2) of the Constitution of India. Inasmuch as, the mundkar is entitled to indefinitely wait for any number of years and yet exercise his right to purchase the dwelling house at the pegged down price and area freezed as on 12th March 1976, which results in absurd, incongruous unreasonable, unjust arbitrary and discriminatory situation.

2. Briefly stated the petitioner has approached this Court asserting that the petitioner has over a dozen cases of mundkar pending before the Court of the learned Mamlatdar or Joint Mamlatdar in Pernem. Respondent No.3 is allegedly claiming to

























































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