Clarina Cardozo And 2 ORS v. Office Of The Assistant Engineer, Sub Divison Ii, Works Division Xxv (Roads) Pwd, Quepem And 25 ORS

WP 485 of 2023 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.485 OF 2023 CLARINA CARDOZO AND 2 ORS ... PETITIONERS

Versus

OFFICE OF THE ASSISTANT ENGINEER, SUB DIVISON II, WORKS DIVISION XXV (ROADS) PWD, QUEPEM AND 25 ORS ... RESPONDENTS Mr. C. Padgaonkar with Ms. Vaishali K. Mahato, Advocates for the Petitioners.

CORAM:- VALMIKI MENEZES, J.

DATED :- 25th June, 2025 P.C.:

1. Perused the impugned order. The Tribunal has considered the scope of Section 114 of the Land Revenue Code and rightly arrived at the conclusion that this is only a demarcation proceeding, which would be ultimately subject to the outcome of the suit, which is pending before the District Court, South Goa. It has considered the consequence of the reliefs that may be granted by the Civil Court under Sections 34, 38, and 39 of the Specific Relief Act and specifically noted in paragraph No.17 that demarcation would be subject to the rights of the parties determined in the Civil case.

2. There is no scope for interference in the impugned order and 25th June, 2025

WP 485 of 2023 Judgment dated 15.04.2021, which confirms the order of the Collector dated 18.11.2019, in the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. These are only revenue proceedings for demarcation which do not conclusively determine the rights of the parties in the demarcation proceedings. The demarcation order will be ultimately subject to the outcome of Special Civil Suit No. 28/2019, pending adjudication before the District Court at Margao, provided the subject matter of the Civil Suit is the very same property sought to be demarcated i.e. Survey No. 18/12-B and 18/12-C of village Xeldem.

3. The Writ Petition is dismissed in limine. No order as to cost. VALMIKI MENEZES, J.

25th June, 2025