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 September 1996 executed by Respondent no.3 in favour of Respondent no.5, a company incorporated under the Companies Act, 1956;

(d) The Petitioner has also prayed for a declaration that clauses (a) to (f) of Rule 6 of the Special Rules are ultra vires the Tenancy Act, illegal and void.

2. The properties in question belonged to Joaquim Antonio alone or to Joaquim Antonio and his brother Joaquim Xavier. Both the brothers are deceased. While Joaquim Xavier died as a bachelor, Joaquim Antonio had several children including Vincente Agostinho. Family trees as given by the petitioner are as under:-

J.Antonio (married to Ana Maria) J.Xavier (brother)

(died) (died bachelor)

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Vicente-Agostinho Heriberto Alberto -(Resp.No.4)

(“Testator”-died 16-11-1989) (died bachelor 8-1-2006)

The Petitioner claims rights in the properties in question on the basis of a conditional will dated 13 November 1970 allegedly executed by Vincente Agostinho prior to his death on 16 November 1989 in favour of the Petitioner. The condition of the bequest in favour of the Petitioner was that in case of demise of testator’s brother Heriberto Francisco Maria da Cunha (`Heriberto') as a bachelor or married, but without issues, the testator's estate would devolve upon the Petitioner. The said Heriberto died as a bachelor (without issues) on 8 January 2006.

3. Respondent no.3 filed application in the year 1988 before Mamlatdar, Mormugao for a declaration of tenancy in respect of lands bearing Survey Nos.61/1, 63/2, 65/3 and 62/1 situated at Village Cuelim. By order dated 30 November 1988, the Mamlatdar declared the Respondent no.3 as a tenant in respect of said properties under Section 18A of the Tenancy Act. By an order dated 10 September 1992, the Mamlatdar determined the purchase price and on payment of purchase price by Respondent no.3, Mamlatdar issued certificate of purchase dated 23 February 1993 in respect of the aforesaid lands. None of the aforesaid orders came to be challenged in appeal under Section 49 or the revision under Section 50 of the Tenancy Act.

Thereafter on 8 September 1993, Mamlatdar permitted Respondent no.3 to mortgage the lands for the purpose of raising loan of Rs.10 lakhs for development of land.

The Respondent no.3 applied to Mamlatdar for permission to purchase the land bearing survey no.65/1-A and the Mamlatdar granted permission by order dated 16 May 1996 under Section 18C of the Tenancy Act. The Mamlatdar issued certificate of purchase for the same.

4. Thereafter Respondent no.3 applied to Mamlatdar under Section 18K of the Tenancy Act seeking sanction of Mamlatdar to sell the properties bearing Survey Nos.63/2, 65/1-A and 65/3 on the ground that land was rendered infertile due to topographical