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1987 Supreme(Online)(Bom) 12

BOMBAY HIGH COURT
Couto, J
Maria Berta de Costa Miranda – Appellant
Versus
Deputy Collector, North Goa Division – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Mario Bruto D'Costa
For the Respondents: Mr. Nadkarni

1. Petitioners challenge in these Writ Petitions the Notices issued by the first respondent under S.40 read with Ss.41 and 184 of the Goa, Daman and Diu Land Revenue Code , 1968 (hereinafter referred to as "the Code"), requiring each of them to vacate the portion of land specified therein, which allegedly belongs to the Government and is in their unauthorised occupation. Though the facts are not the same, the main issues that each of these petitions gives rise to are, none-the-less, common, as common are the questions that fall for our determination. Hence, this single judgement.

2. The admitted and relevant facts may be stated. In Writ Petition No. 190/81 : A piece of land ad-measuring 2635.90 sq. mts., known as "Parte do Oiteiro Conceicao" and situated at Altinho, Panaji, was granted by the Government under the provisions of Decree No. 3602 Dt/- 24th Nov. 1917, to one Aires Epifanio Mariano de Santana Miranda, the late husband of the original petitioner Maria Berta de Costa Miranda, for the purpose of construction of a residential house. The said land was duly demarcated by the Government and the grantee after building therein his residential house and a compound wall without alt






































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