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Judgment
Heard learned Advocates and learned Additional Government Advocate for the parties.
Rule. Rule is made returnable forthwith; at the request of and with the consent of learned Advocates for the parties, the matter is finally heard and disposed of. Learned Senior Advocate Mr. Sudesh Usgaonkar waives service on behalf of the Petitioner, learned Additional Government Advocate Mr. Geetesh Shetye waives service on behalf of Respondent No. 1 and learned Advocate Mr. Nikhil Vaze waives service for Respondent Nos. 2 and 3.
Mr. Nikhil Vaze, learned Advocate for Respondent Nos. 2 and 3, on instructions submits that considering the Petitioner was not heard in the matter before passing of the impugned order dated 15.10.2019, and confirmation order dated 20.10.2020 passed in LND/PART/50/2019 before the Deputy Collector, Tiswadi, Panaji, the aforementioned impugned orders may be quashed and set aside and the matter be remanded back to the Deputy Collector, Tiswadi, Panaji for fresh hearing of the partition application, after all occupants in the Revenue Records of the original Survey No. 26/2 of village Bainguinim are notified and heard.
Considering the consent given by Respondent No. 2, and the fact that the Petitioner was never heard in the case, the impugned orders dated 15.10.2019 and 20.10.2020 are hereby quashed and set aside and the matter is remanded back to the Deputy Collector, Tiswadi, Panaji, who shall now issue notice to all the occupants of pre partitioned property surveyed under Survey No. 26/2, known as “Mollans” of village Bainguinim which admeasures 1,14,302 sq. mtrs.; the matter shall be decided afresh after hearing all the parties.
Rule is made absolute in the above terms. The Writ Petition stands disposed of.
The parties shall now appear before the Deputy Collector, Tiswadi, Panaji and place this order in the file of Case No. LND/PART/50/2019 on 25.02.2026 at 3.30 p.m.