SHAKINA BI Vs. ANANDRAO G.S. KENKRE

JUDGEMENT

(1.) HEARD Shri D. Pangam, learned counsel appearing for the petitioners and Shri C.A. Coutinho, learned Counsel appearing for the respondents.

(2.) THE above petition challenges the judgment passed by the Development Commissioner/Secretary (Revenue) dated 3/11/2008 whereby an application dated 15/10/2003 filed by the respondents was upheld and the order dated 10/11/1986 passed by the learned Aval Karkun attached to the office of the Mamlatdar of Sanguem in case No.D.C. No.182/Cotarlim and Order dated 16/09/1993 passed by the learned Deputy Collector in case No.LRC/APPL/208/AC dated 24/06/2003 passed by the Additional Collector II in case No.19-93- LRC/2nd/APL/AC dated 24/06/2003 was set aside. The names of the petitioners were ordered to be deleted from the Record of Rights and the name of the deceased heir of the respondents namely Kashinath Shaba Sinai Salelkar was directed to be included in the Record of Rights in respect of survey no.6/0 of the village of Cotarlim in Sanguem Taluka.

(3.) I have considered the submissions of the learned Counsel appearing for the respective parties and have also gone through the records. Shri D. Pangam, learned counsel appearing for the petitioners is justified to contend that the Revenue Secretary was not justified to go into the merits of the dispute as well as pass the impugned judgment as the merits of the rival claims were not adjudicated by the Authorities below.