Bombay High Court

CAJETAN PETER BRITTO AND 4 ORSversusSTATE OF GOA THR THE CHIEF SECRETARY AND 2 ORS

Disposal: Disposed of
Bench: VALMIKI MENEZES AMIT S JAMSANDEKAR

Holding

The Court directed the ISLR to complete the resurvey of the disputed lands within four months and held that the interim order remains operative.

Summary

The petitioners contend that a notice concerning five structures on land they occupy actually pertains to land they own, identified as old Cadastral No. 319 (now Survey No. 249/1), which the government claims as its own. They have filed five applications for resurvey with the Inspector of Survey & Land Records (ISLR) at Mapusa on 16 January 2026, which are pending. The Court considered that these applications are before the Survey Authority and therefore ordered the ISLR to complete the resurvey and determine the claim within four months. The Court also directed that the interim order dated 24 February 2026 remain in force until the resurvey applications are disposed of. Consequently, the petition was disposed of with the observations directing the resurvey.

Issues considered

Whether the Court can direct the ISLR to complete the resurvey of the disputed land and determine the petitioners' claim.
Whether the interim order dated 24 February 2026 should continue pending the outcome of the resurvey applications.

Subjects

land ownership
cadastral survey
government land
resurvey
interim order
writ petition
high court

Judgment

2026:BHC-GOA:579-DB
                                              42 WP 178 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.178 OF 2026

           CAJETAN PETER BRITTO AND 4 ORS                         ... PETITIONERS
             Versus
           STATE OF GOA THR THE CHIEF
           SECRETARY AND 2 ORS                                    ... RESPONDENTS


           Mr Pankaj Pai Vernekar, Advocate for the Petitioners.

           Ms. Maria Correia, Additional Government Advocate for the
           Respondents.


                                 CORAM:- VALMIKI MENEZES &
                                         AMIT S. JAMSANDEKAR, JJ.
                                 DATED :- 24th March, 2026

           P.C.:


           1.      The claim of the Petitioners is that the notice issued with regard
           to five structures in their occupation actually falls in the land owned by
           them. They claim that the land is covered under old Cadastral No. 319,
           which corresponds to new Survey No. 249/1, and has been shown as a
           part of the Government land. It is further submitted that after this
           petition is filed, the Petitioners have applied to the Inspector of Survey
           & Land Records (ISLR), Bardez at Mapusa by filing five applications,
           all dated 16.01.2026, which are pending adjudication.


           2.      Considering that the applications for resurvey are made before the


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                                               24th March, 2026
                                42 WP 178 2026


Survey Authority, the petition can be disposed of by directing the
ISLR, Mapusa to complete the work of resurvey of the lands in
question and to determine whether the Petitioner's claim that land
under Survey No.249/1 corresponds to old Cadastral No.319 and falls
outside the area claimed by the Government to be decided within a
period of four months from today. The petition stands disposed of with
the above observations.


3.   Until disposal of resurvey applications, the interim order granted
by this Court vide order dated 24.02.2026 shall continue in operation.



 AMIT S. JAMSANDEKAR, J.                   VALMIKI MENEZES, J.




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                                 24th March, 2026

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