Case Note & Summary
The petitioner, Ezekiel Methodist School, represented by its Manager, filed a writ petition challenging an order dated 31.7.2009 passed by the Learned District Judge, II Panaji in Civil Appeal No.2/2009. The respondents were the Goa Medical College and the Deputy Collector & Estate Officer. The parties concurred that the impugned order could not have been passed because the Learned District Judge, II Panaji was not designated as the Principal District Judge, North Goa District and therefore lacked jurisdiction to hear the appeal. The High Court, after hearing the parties, set aside the impugned order and remanded the appeal to the Principal District Judge, North Goa District for disposal according to law. The rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Jurisdiction of District Judge - Lack of Designation - The impugned order passed by the Learned District Judge, II Panaji in Civil Appeal No.2/2009 on 31.7.2009 was set aside as the Judge was not designated as the Principal District Judge, North Goa District and therefore had no jurisdiction to take up the appeal. The appeal was remanded to the Principal District Judge, North Goa District for disposal according to law. (Paras 3-4)
Issue of Consideration
Whether the Learned District Judge, II Panaji had jurisdiction to hear Civil Appeal No.2/2009 when he was not designated as the Principal District Judge, North Goa District.
Final Decision
The impugned order dated 31.7.2009 passed in Civil Appeal No.2/2009 by the Learned District Judge, II Panaji is set aside. The appeal is remanded to the Principal District Judge, North Goa District, Panaji for disposal according to law. Rule made absolute with no order as to costs.
Law Points
- Jurisdiction of District Judge
- Designation of Judge
- Remand for lack of jurisdiction
Case Details
2010 LawText (BOM) (01) 417
Writ Petition No.747/2009
Mr. V. Menezes for petitioner; Mr. V. Rodrigues, Additional Government Advocate for respondents
Ezekiel Methodist School, represented by the Manager
1. The Goa Medical College, represented by its Dean; 2. The Deputy Collector & Estate Officer, Panaji Sub Division
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Nature of Litigation
Writ petition challenging an order passed in a civil appeal on the ground of lack of jurisdiction of the District Judge.
Remedy Sought
The petitioner sought to quash the order dated 31.7.2009 passed by the Learned District Judge, II Panaji in Civil Appeal No.2/2009.
Filing Reason
The impugned order was passed by a Judge who was not designated as the Principal District Judge, North Goa District and therefore lacked jurisdiction.
Previous Decisions
The impugned order was passed in Civil Appeal No.2/2009 by the Learned District Judge, II Panaji on 31.7.2009.
Issues
Whether the Learned District Judge, II Panaji had jurisdiction to hear Civil Appeal No.2/2009 when he was not designated as the Principal District Judge, North Goa District.
Submissions/Arguments
Parties concurred that the impugned order could not have been passed as the Learned District Judge, II Panaji was not designated Judge as the Principal District Judge, North Goa District and therefore had no jurisdiction to take up the appeal.
Ratio Decidendi
A District Judge who is not designated as the Principal District Judge lacks jurisdiction to hear appeals that are required to be heard by the Principal District Judge. An order passed without jurisdiction is liable to be set aside and the matter remanded to the proper authority.
Judgment Excerpts
The impugned order passed in Civil appeal no. 2/2009 by the Learned District Judge, II Panaji on 31.7.2009, could not have been passed as the Learned District Judge, II Panaji was not designated Judge as the Principal District Judge, North Goa, District and therefore had no jurisdiction to take up the appeal.
The impugned order is set aside. Appeal is remanded to the Principal District Judge, North Goa District, Panaji for disposal according to the law.
Procedural History
The petitioner filed Writ Petition No.747/2009 challenging an order dated 31.7.2009 passed by the Learned District Judge, II Panaji in Civil Appeal No.2/2009. The High Court heard the matter on 15.1.2010 and set aside the impugned order, remanding the appeal to the Principal District Judge, North Goa District.
