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2012 DAILYLAW 2306 (BOM)

Sanvlo Trivikram Naik Gaunekar v. Inspector of Surveys & Land Records, Margao

2012-12-10

A.P.LAVANDE, U.V.BAKRE

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Judgment : A.P. Lavande, J. 1. Heard Mr. Diniz for the petitioner. Mr. P. Vernekar waives notice on behalf of the respondent. 2. Rule. By consent heard forthwith. 3. By this petition, the petitioner seeks the following relief: “(a) For a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under Articles 226 and 227 of the Constitution of India commanding the respondent to decide the petitioner's application dated 13/4/2011 within a time bound period so that pursuant to his own order dated 5/4/2010, the survey record of Chalta No.9 P.T. Sheet No.76 be restored to its original position i.e. as it existed prior to the set aside order dated 15/7/2008.” 4. Mr. Vernekar, learned Additional Government Advocate submits that the respondent could not decide the application dated 13.4.2011 since an appeal was preferred by the heirs of Antoneta Furtado e Soares which was registered as LRC/APPL/SSLR/4/10. 5. Mr. Vernekar submits he has no objection if the appellate Authority i.e. the Superintendent, Land Records, Margao is directed to retransmit the records to the respondent in order to enable him to decide the application dated 3.4.2011 within a time frame. 6. In view of the above, the writ petition is allowed in terms of prayer clause (a). The Superintendent, Land Records, Margao is directed to retransmit the record to the respondent expeditiously. The respondent is directed to decide the application dated 13.4.2011 expeditiously and, in any case, on or before 28th February, 2013. After the application is decided, the respondent shall retransmit the records to the Superintendent, Land Records, Margao. 7. With the above observations, the writ petition stands disposed of. No costs.