Case Note & Summary
The petitioner, Shri Naguesh V. Bodke, filed a writ petition challenging the orders of the Deputy Collector dated 15.12.2005 and the Administrative Tribunal dated 27.02.2012, which rejected his claim of being a Mundkar in respect of a flour mill. The respondents, Shri Vassudev R. Poi and Shri Vinayak R. Poi, had filed a civil suit for eviction in 1992, claiming the petitioner was a tenant. The petitioner contended that the flour mill was part of his dwelling house, making him a Mundkar under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The Mamlatdar initially held in favor of the petitioner, but the Deputy Collector reversed that decision on appeal, finding that the flour mill was not part of the dwelling house. The Administrative Tribunal upheld the Deputy Collector's order. The High Court, in writ jurisdiction, found no perversity or error of law in the concurrent findings and dismissed the petition.
Headnote
A) Goa Mundkar Act - Mundkar Status - Dwelling House - Burden of Proof - The petitioner claimed that the flour mill was part of his dwelling house, but the Deputy Collector and Administrative Tribunal concurrently found otherwise based on evidence - Held that the concurrent findings of fact cannot be interfered with in writ jurisdiction unless perverse or based on no evidence (Paras 3-6).
Issue of Consideration
Whether the flour mill in question was part of the dwelling house of the petitioner, entitling him to Mundkar status under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Deputy Collector and Administrative Tribunal.
Law Points
- Mundkar status
- dwelling house
- flour mill
- burden of proof
- concurrent findings
- writ jurisdiction
Case Details
WRIT PETITION NO. 395 OF 2012
Mr. V. A. Lawande for Petitioner, Mr. A. R. Kantak for Respondents
Shri Vassudev R. Poi and Shri Vinayak R. Poi
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging orders of Deputy Collector and Administrative Tribunal regarding Mundkar status.
Remedy Sought
Petitioner sought to quash the orders of Deputy Collector and Administrative Tribunal and to declare him as a Mundkar.
Filing Reason
Petitioner claimed that the flour mill was part of his dwelling house, entitling him to Mundkar status, but the authorities rejected his claim.
Previous Decisions
Mamlatdar initially held in favor of petitioner on 24.01.2005; Deputy Collector reversed on 15.12.2005; Administrative Tribunal dismissed revision on 27.02.2012.
Issues
Whether the flour mill was part of the dwelling house of the petitioner.
Whether the concurrent findings of fact by the Deputy Collector and Administrative Tribunal are perverse or warrant interference in writ jurisdiction.
Submissions/Arguments
Petitioner argued that the flour mill was part of his dwelling house and he was a Mundkar.
Respondents contended that the flour mill was not part of the dwelling house and the petitioner was a tenant.
Ratio Decidendi
Concurrent findings of fact by lower authorities, unless perverse or based on no evidence, cannot be interfered with in writ jurisdiction under Article 226 of the Constitution.
Judgment Excerpts
The above Petition challenges the Orders passed by the learned Deputy Collector dated 15.12.2005 as well as the Judgment passed by the learned Administrative Tribunal dated 27.02.2012, whereby the Mundkar Revision Application filed by the Petitioner came to be rejected.
The learned Deputy Collector allowed the Appeal preferred by the Respondents and the Order passed by the learned Mamlatdar dated 24.01.2005, was quashed and set aside.
Procedural History
Respondents filed Regular Civil Suit No. 120/1992 in 1992 for eviction. Issue of Mundkar status referred to Mamlatdar on 11.06.2001. Mamlatdar decided on 24.01.2005 in favor of petitioner. Deputy Collector reversed on 15.12.2005. Petitioner filed revision before Administrative Tribunal, which dismissed on 27.02.2012. Petitioner then filed writ petition in High Court.
Acts & Sections
- Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975:
