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2014 Supreme(Bom) 937

MOHIT S.SHAH, S.B.SHUKRE
Rashid Salvador Sousa – Appellant
Versus
State of Goa, through Chief Secretary – Respondent


Advocate Appeared:
For the Petitioner:M.B. da Costa, Senior Advocate with Karishma Betquecar, Sonia Chodankar, Advocates.
For the Respondents:R1, R2, A.N.S. Nadkarni, Advocate General with Pradesh Dangui, Addl. G.P., R3, A.Agni, R4, Ashwin Ramani, R5, J.E. Coelho Pereira, Senior Advocate with V. Korgaonkar, Advocates.

Judgment :

MohitS. Shah, CJ.

1. By this petition under Articles 226 and 227 of the Constitution filed in April 2013, the Petitioner has challenged :

(a) the orders dated 30 November 1988, 8 September 1993, 20 May 1996 and 11 September 1996, and other orders passed by Mamlatdar of Mormugao Taluka in South Goa District in the years from 1992 to 1996, declaring Respondent no.3 Victor Luis Monteiro as tenant of the properties in question in Goa described in para 2 of the writ petition ('the properties'). All these orders were passed by the Mamlatdar under the provisions of Chapter-IIA of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964) ('Tenancy Act' for the sake of brevity) read with the Goa, Daman and Diu Agricultural Tenancy (Special Rights and Privileges of Tenants) Rules, 1967 ('Special Rules' for the sake of brevity) declaring Respondent no.3 as tenant of the properties;

(b) “the consequential impugned orders” permitting Respondent no.3 to sell some of the above properties under Section 18 K of Tenancy Act read with Rule 6 of the Special Rules;

(c) “the consequential actions” including registered sale deeds dated 21 May 1996 and 19 Septembe














































































































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