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1. Registry to waive objections and register the matter.

2. This petition challenges an order of the Administrator of the Communidade of South Zone dated 01.11.2021, passed in terms of Article 371(2) of the Code of Communidade. The Show Cause Notice came to be issued on 28.12.2020 to the Petitioner, alleging that she had encroached in the land 11th July, 2025 (17) WP 268.2025 surveyed under Survey No. 39/101 of the village Agonda by constructing illegal construction thereon. It is not in dispute that the said land belongs to the Communidade of Canacona and is covered under the provisions of the Code.

5. Article 373 of the Code mandates that the Attorney of the Communidade shall denounce any encroachments on the land of the Communidade. The affidavit relied upon is not only contrary to this provision, but appears to be in dereliction of duties cast upon the Attorney under Article 373, by swearing such an affidavit, that too on his personal capacity.

6. Merely because the structure is charged to the House Tax, it cannot be considered a legal structure. There is no statement made anywhere in the petition or in the reply to the Show Cause notice that the structure was erected with a license or that it existed for a long period of time prior to the survey being conducted. It is also not in dispute that the structure is not shown on the Government Survey Plan of the land under Survey No. 39/101 of the village Agonda, which was promulgated in the 1980's.