3 WP 610 -2016.doc

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 610 OF 2016

Shri Joaquim D'souza (since

deceased), through his legal

representatives:

1

Mrs. Joan Mathias, married to

Godfrey Mathias, of major age,

Indian National, resident of

Anjuna, Bardez-Goa.

2

Mrs. Mary D'Souza, major of

age, resident of House No.655,

St. Anthony Vaddo, Anjuna,

Bardez, Goa. Through POA

Joan Mathias.

….....

Petitioners.

Versus

1

Smt. Piru Ganesh Tulaskar,

(since deceased), through legal

representatives at Serial Nos.2

to 3(a).

2

Ms. Kanti Ganesh Tulaskar,

daughter of late Ganesh

Tulaskar, major of age,

agriculture business;

2a

Mr. Prashant G. Agarwadekar,

son of Gajanand Agarwadekar,

major, resident of Anjuna,

Bardez-Goa.

3

Ms. Shanti Ganesh Tulaskar,

daughter of late Ganesh

Tulaskar, major of age,

agriculture, business, resident

of House No.172, St. Anthony's

Praias Vaddo, Anjuna, Bardez-

Goa.

3a. Shri Raju Laxman Lakhaneya,

son of Laxman Lakhani, major,

resident of Anjuna, Bardez-

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Goa.

4

Ms. Laxmi Ganesh Tulaskar,

daughter of late Ganesh

Tulaskar, major of age,

agriculture, business, resident

of House No.172, Priasvaddo,

Anjuna, Bardez-Goa.

5.

Mrs. Jean Marshall, married to

Thomas Marshall, of major

age, Indian National, resident

of Valsad, Gujrat.

6.

Mrs. Jacinta Sainanee, married

to Mr. Deepak Sainanee,

resident of San Francisco,

U.S.A.

(deleted as per order

dated 28/07/17)

7.

Mr. Joseph D'Souza, married to

Mrs. Fabiola D'Souza, resident

of Anjuna, Bardez-Goa.

8.

Mrs. June Noronha, married to

Mr. James Noronha, resident of

Anjuna, Bardez-Goa.

9.

Mr. John D'Souza, married to

Mrs. Sherita D'Souza, resident

of Anjuna, Bardez-Goa.

….....

Respondents.

Shri Rohit Bras De Sa, Advocate for the Petitioner.

Shri Deepak Gaonkar, Advocate for the Respondents.

CORAM:

NUTAN D. SARDESSAI, J.

Reserved on :

15^th September 2017

Pronounced on :

12^th October 2017

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JUDGMENT:-

1.

Heard Shri Rohit Bras De Sa, learned Advocate for the

Petitioner and Shri Deepak Gaonkar, learned Advocate for the

Respondents.

2.

This petition takes exception to the order dated

29/01/2016 passed by the Administrative Tribunal in Mundkar

Revision Application No. 30/2017 pursuant to which the learned

Tribunal dismissed the revision petition filed by the petitioners

arising from the Judgment of the learned Deputy Collector,

Mapusa dated 19/07/2017.

3.

It was the contention of Shri Rohit Bras De Sa, learned

Advocate for the petitioner that the Administrative Tribunal had

observed at paragraph 15 that “The Applicants have filed an

application for negative declaration. Till the mundkar issue is

finally decided, the suit dwelling house and the optional area

provided under the Act which is subject matter of the said

proceedings is required to be protected. If the injunction is not

granted then great prejudice shall be caused to the

Respondents.” The revision petition was dismissed as the

application for negative declaration filed by the petitioner was

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pending. The negative declaration was granted to the petitioner

vide the order dated 19/09/2016 and in view of the negative

declaration the impugned order was required to be set aside.

He adverted to the Section 5 of the Goa Mundkars (Protection

from Eviction) Act 1975 and Rules, 1977 and submitted that the

relief in certain case of threatened wrongfully dispossession was

available to the mundkar in possession of his dwelling house,

who apprehends that he may be dispossessed of the dwelling

house by or on behalf of the bhatkar contrary to the provisions

of this Act, may, in the prescribed manner, apply to the

Mamlatdar for an order safeguarding his right to possession.

Thereupon the Mamlatdar after holding such inquiry as may be

prescribed, and on being satisfied that the applicant was

e