Case Note & Summary
The petitioner, Morombi-O-Grande Tenants Association, a registered tenant association under the Goa, Daman and Diu Agricultural Tenancy Act, 1964, challenged an order dated 06/03/2023 passed by the Mamlatdar of Tiswadi Taluka. The Mamlatdar, after conducting an enquiry into a complaint dated 22/07/2021 and notice dated 11/08/2021, found that the earlier Managing Committee of the petitioner had abused its powers, misappropriated funds amounting to Rs.69,55,500/- as per audited report, failed to maintain accounts properly, and committed acts harmful to agricultural lands. However, the Mamlatdar only directed the petitioner to lodge/register an FIR against the erstwhile Managing Committee and failed to exercise his own powers for recovery of the misappropriated amount. The petitioner contended that the Mamlatdar himself ought to have registered the FIR and initiated proceedings for recovery. The High Court, after hearing the parties, held that the Mamlatdar, having found misappropriation, should have exercised his powers under the Act for recovery rather than merely directing the association to lodge an FIR. The impugned order was set aside and the matter remanded to the Mamlatdar for fresh consideration in accordance with law. The court directed the Mamlatdar to pass a fresh order within three months from the date of receipt of the order.
Headnote
A) Tenancy Law - Powers of Mamlatdar - Recovery of Misappropriated Funds - Goa, Daman and Diu Agricultural Tenancy Act, 1964 - The Mamlatdar, after conducting an enquiry and finding that the erstwhile Managing Committee misappropriated Rs.69,55,500/- of the tenant association, merely directed the association to lodge an FIR. The High Court held that the Mamlatdar ought to have exercised his own powers for recovery of the amount, as the Act confers sufficient authority to take appropriate action. The impugned order was set aside and the matter remanded for fresh consideration. (Paras 3-7)
Issue of Consideration
Whether the Mamlatdar, after finding misappropriation of funds by the erstwhile Managing Committee of a tenant association, is obliged to exercise his powers under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 for recovery of the misappropriated amount, or whether he can merely direct the association to lodge an FIR.
Final Decision
The impugned order dated 06/03/2023 passed by the Mamlatdar is set aside. The matter is remanded to the Mamlatdar for fresh consideration in accordance with law. The Mamlatdar shall pass a fresh order within three months from the date of receipt of the order.
Law Points
- Mamlatdar's powers under Goa Tenancy Act include recovery of misappropriated funds
- not merely directing FIR
- failure to exercise such powers is subject to judicial review
