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2022 Supreme(Bom) 307

MANISH PITALE
Divakar R. Dalvi, s/o of late Raghoba Dalvi – Appellant
Versus
Deputy Collector & SDO, Bicholim – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. A. A. Agni, Senior Advocate with Ms. Jay Sawaikar, Advocate
For the Respondent:Ms. Neha Kholkar, Additional Government Advocate, Mr. C. A. Ferreira, Advocate with Mr. S. Kamulkar, Advocate, Mr. Y. V. Nadkarni, Advocate with Mr. S. Kamat, Advocate

JUDGMENT :

1. The validity of an order dated 30.05.2015, passed by Respondent no.1-Deputy Collector, hinges on interpretation and application of Section 61(2) of The Goa Daman and Diu Land Revenue Code, 1968, (for short, 'the aforesaid Code') to the facts of the present case.

2. The Petitioner filed an application dated 18.01.2011 before Respondent no.1 under Section 61 of the aforesaid Code seeking partition of his share from property located in survey no. 207/1 and 208/1 of Village Pale. The Petitioner placed reliance on five registered Sale Deeds executed in his favour by certain co-owners of the property. It is an admitted position that the Petitioner is also a co-owner of the property. According to the Petitioner, since undivided shares of his vendors were sold to him by way of aforesaid Sale Deeds, he was entitled to invoke Section 61(2) of the aforesaid Code, which provides that a co-holder can apply to the Collector for a partition of his share in a holding.

3. Some of the co-owners i.e. the contesting Respondents in this Writ Petition filed objections to the said application. They claimed that when the Petitioner approached Respondent no.1 on the basis that undivided shares o

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