Hilario Xavier Menezes And ANR v. State Of Goa, Thr. Its Chief Secretary And 3 ORS

2025:BHC-GOA:2376 Suzana

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.366 OF 2025

1. Hilario Xavier Menezes, Major of Age, 52 years Resident of H.No. 246, Vittozem Divar, Goltim, Piedade, Tiswadi- Goa, 403403.

2. Mrs. Maria Pinto Alias Maria Menezes, Major of Age, 38 years.

Resident of H.No. 246, Vittozem Divar, Goltim, Piedade, Tiswadi- Goa, 403403.

Represented through POA, Mr. Roque Simon Menezes. ... Petitioners.

Versus

1. State of Goa Through its Chief Secretary, Secretariate, Porvorim Goa.

2. The Deputy Collector and Sub Divisional Magistrate, Panaji Sub-Division, Panaji, North- Goa, Goa.

3. The Talathi of Navelim, Village of Tiswadi Taluka, Through Mamlatdar of Panaji, Goa.

4. Mr. Gemeniano Aurelio Da Silva Dos Santos Braganca, Major of Age, Resident of Rua De S Bento, 137 RC DT 1200 817, Lisboa, Portugal.

Represented through POA, Mr. Aldino Dos Santos Baraganca alias Aldino Santos Braganca, Major of Age, Resident of H.No. 222, Mazal Vaddo, Assagao, Bardez, Goa. ... Respondents. Mr Prasheen Lotlikar, Advocate with Mr Bhavesh B. Lotlikar, Advocate for the Petitioners.

Mr Shivdatt P. Munj, Additional Government Advocate for Respondents No.1 and 2.

CORAM : VALMIKI MENEZES, J.

DATED : 4th DECEMBER, 2025 ORAL JUDGMENT:

1.

This Petition impugns the order dated 28.01.2025 passed by the Deputy Collector, Tiswadi, rejecting the Petitioner's application under Section 103 of the Goa Daman and Diu Land Revenue Code, 1968, for correction of a clerical error, i.e. an entry in the Tenant's column of land under survey No.182/6 of Village Navelim, Tiswadi where the entry made is a word "SELF". The application has been summarily dismissed by a communication issued to the applicant without giving them a hearing or considering the scope of Section 103 of the Code.

2. On plain reading of the Code, any correction to be made to a Revenue record, where the clerical, arithmetical or even deletion of any entry, would fall within the scope of Section 103 of the Code. If there is no contest after notice to the Respondents, such an application should, in the normal course, be allowed.

3. In the present case, the entry which is made in the tenant's column is the word "SELF" which does not appear to be an entry of any name of a person. Obviously, therefore, in the facts of the present case, no notice is possibly to be issued to any person, but what would have to be conducted is an enquiry into the original records maintained by the Revenue Authority to determine how the error, if any, has crept into the recording of the word "SELF" in the tenant's column.

4. Consequently, the impugned order dated 28.01.2025 passed by the Deputy Collector is quashed and set aside. The

Deputy Collector, Tiswadi, dealing with case No.LRC/COR/TIS/Misc/25/328 to call for the original records, both in Form 3, i.e. Index of Lands and in Form I and XIV (Manual), and to examine the same and, if necessary, conduct an enquiry into the circumstances under which the entry has been made in the tenant's column and pass orders thereafter.

5. Rule is made absolute in the above terms. The Petitioners shall appear before the Collector on 21.01.2026 at 03:30 PM.

The Petitioner to communicate the order by placing an authenticated copy of this order on the record of the proceedings of the Deputy Collector.

VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 04/12/2025 17:08:03