Case Note & Summary
The petitioners, legal heirs of late Jorge Anibal de Matos Sequiera, filed an application under Section 15 of the Goa Administration of Evacuee Property Act, 1964 before the Custodian of Evacuee Property (Respondent No.1) seeking restoration of property. The Custodian rejected the application on 24/6/2010 on two grounds: (i) the petitioners failed to produce documents proving they were of Indian origin, and (ii) the Custodian did not hold the mining concessions which had lapsed. The petitioners challenged this order by way of a writ petition. During the proceedings, the State of Goa (Respondent No.2) filed an affidavit stating that the Government had not authorized any officer under Section 15(1) of the Act to entertain applications for restoration of evacuee property. The Court observed that the Custodian had no authority to deal with the application, yet he entertained it and passed the impugned order after three years. Consequently, the Court held that the order was patently without jurisdiction and quashed it. The Court granted liberty to the petitioners to file a fresh application under Section 15 before the State Government within one week, and directed the State Government to dispose of the same within three months.
Headnote
A) Administrative Law - Jurisdiction - Authority to Entertain Application - Section 15 Goa Administration of Evacuee Property Act, 1964 - The Custodian of Evacuee Property passed an order rejecting an application for restoration of property, but the State Government's affidavit disclosed that no officer was authorized under Section 15(1) to entertain such applications. The Court held that the Custodian had no authority to deal with the application, rendering the order patently without jurisdiction and liable to be quashed. (Paras 4-5)
Issue of Consideration
Whether the Custodian of Evacuee Property had jurisdiction to entertain an application under Section 15 of the Goa Administration of Evacuee Property Act, 1964 for restoration of evacuee property.
Final Decision
The impugned order dated 24/6/2010 passed by the Custodian of Evacuee Property is quashed and set aside as being without jurisdiction. Petitioners are at liberty to file a fresh application under Section 15 of the Act before the State Government within one week. The State Government is directed to dispose of the application within three months from the date of filing.
Law Points
- Lack of jurisdiction
- Authority to entertain application
- Section 15 Goa Administration of Evacuee Property Act
- 1964
- Quashing of order without jurisdiction
