Case Note & Summary
The petitioners, who were Goancars of the Comunidade of Sirsaim, filed a writ petition under Article 226 of the Constitution of India seeking to quash the stay granted by the Administrative Tribunal in Appeal No.3/2008 and to direct the Government to implement its order dated 13.3.2008 appointing a Substitute Committee for the Comunidade. The petitioners also sought directions for criminal and civil action against certain respondents and for eviction of encroachers. The background of the dispute involved the management of the Comunidade, and the Government had appointed a Substitute Committee. However, respondent no.1 (Agnelo D'Souza) and others filed an appeal before the Administrative Tribunal under Article 154 of the Code of Comunidades, which granted a stay of the Government's order. The petitioners challenged the maintainability of the appeal and the Tribunal's jurisdiction to grant stay. The High Court, after hearing the parties, held that the appeal was maintainable under Article 154 of the Code of Comunidades and that the Tribunal had the power to grant interim stay. The Court found no perversity or lack of jurisdiction in the Tribunal's order and accordingly dismissed the writ petition. The Court did not interfere with the interim order, leaving the appeal to be decided on its merits by the Tribunal.
Headnote
A) Administrative Law - Maintainability of Appeal - Article 154 of the Code of Comunidades - The Administrative Tribunal has jurisdiction to entertain an appeal under Article 154 of the Code of Comunidades against an order of the Government appointing a Substitute Committee. The Tribunal also has the power to grant interim stay pending disposal of the appeal. The High Court, in exercise of its writ jurisdiction under Article 226 of the Constitution, declined to interfere with the Tribunal's order. (Paras 2-4) B) Writ Jurisdiction - Scope of Interference - Article 226 of the Constitution of India - The High Court will not ordinarily interfere with an interim order passed by a statutory Tribunal unless the order is perverse or without jurisdiction. In the present case, the Tribunal's order granting stay was held to be within its jurisdiction and not perverse. (Paras 3-4)
Issue of Consideration
Whether the appeal filed before the Administrative Tribunal under Article 154 of the Code of Comunidades was maintainable and whether the Tribunal had jurisdiction to grant stay of the Government order appointing a Substitute Committee.
Final Decision
The High Court dismissed the writ petition, holding that the appeal before the Administrative Tribunal under Article 154 of the Code of Comunidades was maintainable and the Tribunal had jurisdiction to grant stay. The Court declined to interfere with the interim order of the Tribunal.
Law Points
- Maintainability of appeal under Article 154 of the Code of Comunidades
- Jurisdiction of Administrative Tribunal to grant stay
- Scope of writ jurisdiction under Article 226 of the Constitution of India
