IN THE COURT OF THE DEPUTY COLLECTOR & SDO OF

TISWADI, AT PANAJI-GOA

Mundcar Appeal No.______/2024

LUIZA MARIA VAZ (since deceased)

Through her legal heir

Mr. Sebastian Vaz

R/o House no.45, Zorichem Bhat

Carambolim, Tiswadi-Goa … Appellant

V/s

1. Lourenco Timoteo Ivo Marchal Rodriques

2. Noberto Marchal Rodriques

Both resident of Carambolim,

Tiswadi-Goa … Respondents

( All above is the registered addresses)

 APPEAL UNDER SECTION

SECTION 24 OF GOA DAMAN AND

DIU MUNDKAR ACT 1975

MAY IT PLEASE YOUR HONOUR: -

The Appellant being aggrieved by the confirmation Order dated

18/1/23 confirming the Surveyors report dated 17/10/2023 and

Judgment and Order dated 18/1/23 passed by the Joint Mamlatdar-

IV, Tiswadi Taluka, Panaji (hereinafter referred to as the Learned

JM-IV), in Mundcar Application No.

MND/JM-IV/PUR/Car/02/2019, begs to file this Appeal on

following facts and grounds which are taken without prejudice to

one another:

FACTS IN BRIEF

1. That vide Judgemet and Order dated 6/12/2018 the Original

Applicant that is, Luiza Maria Vaz was declared as Mundkar

of the dwelling house bearing no.45 situated in the property

bearing survey no.273/1 of Village Carambolim.

2. After obtaining the Order Under section 8A of Goa Daman

and Diu Mundkar Act 1975, the Applicant filed an application

 under section 16(1) of the said act for purchase of dwelling

house along with Mundcarial area.

3. That the Notices were served to the respondents but they never

participated in the proceeding initially.

4. That the Learned JM-IV was pleased to direct the Head

Surveyor to conduct site inspection of the Mundkarial area of

the Applicant. Accordingly site inspection was carried on

22/11/2021 which showed the area of the dwelling house and

surrounding area to be of 240 sq mtrs. The Applicant filed

objection to surveyors report dated 22/11/21stating that the

area on loco is not tallying with the survey report more so the

room which showed on the survey plan was not considered

while calculating the mudkarial area. The Objection was

allowed and the Learned JM-IV once again directed the

surveyor to conduct fresh inspection.

5. That a fresh inspection was conducted on 22/9/22 and the area

of the dwelling area, surrounding area and the room came to

253 sq mtrs.
6. That the Applicant filed objection to the survey plan/report

dated 22/09/2022 submitted by the surveyor stating the same

to be correct but the Open space approximately 30 sq. mtrs

have been not shown in the survey report, hence fresh

inspection to be conducted.

7. During the time the Respondent also started appearing in the

proceeding and filed their objections to the survey plan/report

dated 22/09/2022 submitted by the surveyor alleging that there

is acCess going through the Appellants property and a

structure is illegally constructed.

8. Due to the objection from both the learned JM-IV directed for

fresh inspection and the said inspection was carried out on

17/10/2023 , the dwelling area and surrounding area was

shown as 245 sq mtrs.

9. The Appellant filed objection again stating the structure

existing in the mundkarial area is not reflecting and also there

is no acess on loco.

10.The learned JM-IV was pleased to dismissed the objection

vide Order dated 18/12/23 and confirmed the Surveyors report

 dated 17/10/2023 and allowed the purchase application of the

appellant for an area of 245 sq mts vide Judgement and Order

dated 18/12/23.

11.The Appellant is therefore constrained to file this present

appeal against the order dated 18/12/2023 and Judgement and

Order dated 18/12/23 This order hereinafter referred to as the

‘Impugned Judgement and Order’.

12. The appellants states that the impugned Judgement and Order

are bad in law, perverse, illegal, arbitrary and deserves to be

quashed and set aside on the following amongst other grounds

which are urged in alternative without prejudice to one

another:

A. The Order is bad in law and facts and contrary to the

evidence on record and law applicable thereto;

B. The learned JM-IV erred in Confirming the Surveyors

report dated 17/10/2023, which was factually incorrect.

C. The learned JM-IV erred in observing that declaration

is pertaining to the dwelling house bearing no.45 and

declaration orders nowhere speaks of structure besided

 dwelling house nad hence this court cannot go beyond

pleading.

D. The learned Deputy Collector failed to consider the

previous two survey reports which clearly showed a

structure/room existing on loco .

E. The learned Deputy Collector erred in holding that the

learned JM-IV can only grant applicant to which he is

been granted declaration that is dwelling house no.45

situated in survey no.273/1 of village Carambolim.

F. The learned JM-IV ought to have conducted inquiry

where the survey report was dispute by the appellants

and wherein a serious allegation was put on the

surveyor.

G. The learned JM-IV failed to consider the provision of

Goa Daman and Diu Mundkar Act 1975, in its proper

perspective.

H. The learned Deputy Collector erred in dismissing the

objection of the appellant on surveyors report dated

17/10/2023 thereby the confirming the same.

I. For such other and further grounds as may be taken at

the time of hearing of the present Appeal.

13. The impugned Judgment and Order was passed on

18/12/2023 and applied on the same day. Certified copy of

the same was ready for delivery on 2/01/2024. The present

Appeal is therefore within time.

14.The Impugned Judgment and Order was passed by the Joint

Mamlatdar-IV, Panaji. This Hon’ble Court therefore has

jurisdiction to try and entertain the present Appeal.

15.The Appellant are relying upon the documents, annexed

hereto.

16.The Appellants have not filed any other Appeal against the

impugned Judgment and Order before any other Court of law

in India.

17.Court Fee of Rs.________/- is annexed to the present Appeal.

18.It is therefore prayed that:-

a. This Hon’ble Court may be pleased to call for the records

and proceedings in Case

No.MUND/JM-IV/PUR/CAR/02/2019 and after perusing

 the same, be pleased to quash and set aside the impugned

Judgment and Order dated 18/12/2023 .

b. For costs.

c. For such other and further reliefs as this Hon’ble Court

deems fit and proper.

Panaji – Goa

/01/2024 APPELLANT

Through Power of Attornety

AFFIDAVIT

I, Mr. Swapil P. Fondekar, major, Indian National, residing at

Chorao, Tiswadi, Goa, the Appellant No.1, do hereby on

solemn affirmation state that the contents of the

Memorandum of Appeal are true to my knowledge.

Solemnly affirmed at Panaji, Goa,

On this day of January, 2024 DEPONENT