High CourtsSingle Bench(2021) 12 BOM CK 0031

Antonio Santan Caitan Fernandes vs Kalavati Rawal And Anr

Bombay High Court · Decided on 7 December 2021

HON’BLE JUDGES
Manish Pitale, J
CASE NUMBER
Writ Petition No. 2541 Of 2021 (Filing No.)

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Judgment

6 paragraphs · 163 words

Manish Pitale, J

1.

Heard Mr. Lotlikar, the learned counsel appearing for the petitioner.

2.

At the outset, the learned counsel for the petitioner submits that although alternate remedy of filing a revision application before the Administrative Tribunal is available, the present Writ Petition is maintainable for the reason that the impugned order whereby the Mamlatdar has dismissed a preliminary objection raised by the petitioner, on the face of it, is an order sans any reason.

3.

It is further submitted that the petitioner had raised preliminary objection to an application for declaration of mundkarship filed under section 8A of the Goa, Daman and Diu Mundkars (Protection from 902 WP 2541 2021 (Filing No.) Eviction) Act 1975 and that the objection ought to have been considered by the Mamlatdar on merits.

4.

Issue notice for final disposal, returnable on 18/1/2022.

5.

In the meanwhile, and till the next date of hearing, there shall be ad interim relief in terms of prayer clause (B).