Case Note & Summary
The petitioners, Shri Vassudev Pandurang Naik and Mrs. Vassanti Vassudev Naik, filed a petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 3.7.2001 passed by the Administrative Tribunal, Goa at Panaji in Mundkar Revision Application No. 107/2000. The petitioners had originally filed an application for declaration of mundkarship under Section 8A of the Goa Mundkars (Protection from Eviction) Act, 1975 before the Mamlatdar of Tiswadi Taluka, Panaji, in Case No. MUND/19/1996. The property in question was sold to the original respondents No.1 and 2, who were brought on record as opponents. The opponents filed a preliminary objection on 11.12.1998 stating that the petitioners had already been declared mundkars in respect of the same house situated in property surveyed under Chalta No. 45 of P.T. Sheet No.109 vide Order dated 19.11.1984 in Case No. MND/REG/2648/84. The opponents contended that the application was liable to be dismissed on the ground of res judicata. The Administrative Tribunal upheld the preliminary objection and dismissed the application. The High Court, after considering the facts and submissions, held that the prior declaration of mundkarship operates as res judicata and the fresh application is not maintainable. The court found no merit in the petition and dismissed it.
Headnote
A) Mundkarship - Res Judicata - Section 8A Goa Mundkars (Protection from Eviction) Act, 1975 - The petitioners sought a fresh declaration of mundkarship in respect of a house, but the respondents raised a preliminary objection that the petitioners had already been declared mundkars in respect of the same house by an order dated 19.11.1984. The Administrative Tribunal upheld the objection and dismissed the application. The High Court held that the prior declaration operates as res judicata and the fresh application is not maintainable. (Paras 2-4)
Issue of Consideration
Whether a fresh application for declaration of mundkarship under Section 8A of the Goa Mundkars (Protection from Eviction) Act, 1975 is maintainable when the applicants have already been declared mundkars in respect of the same house by a prior order.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Administrative Tribunal.
Law Points
- Res judicata
- Mundkarship declaration
- Section 8A Goa Mundkars (Protection from Eviction) Act 1975
- Prior adjudication bars fresh proceedings
Case Details
2006 LawText (BOM) (03) 103
Writ Petition No. 119 of 2002
Shri S.S. Kantak with Ms. R. Chodankar for Petitioners; Shri P.A. Kholkar for Respondents No.1(a) to 1(j) and 2
Shri Vassudev Pandurang Naik and Mrs. Vassanti Vassudev Naik
Shri Krishna Vithoba Xete Tilve (since deceased, through legal heirs) and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Administrative Tribunal dismissing a mundkar declaration application.
Remedy Sought
The petitioners sought to quash the order dated 3.7.2001 passed by the Administrative Tribunal, Goa in Mundkar Revision Application No. 107/2000.
Filing Reason
The petitioners' application for declaration of mundkarship under Section 8A of the Goa Mundkars (Protection from Eviction) Act, 1975 was dismissed by the Administrative Tribunal on the ground that they had already been declared mundkars in respect of the same house by a prior order.
Previous Decisions
The Mamlatdar had earlier declared the petitioners as mundkars vide Order dated 19.11.1984 in Case No. MND/REG/2648/84.
Issues
Whether the fresh application for declaration of mundkarship is barred by res judicata in view of the prior declaration dated 19.11.1984.
Submissions/Arguments
The petitioners argued that the prior declaration was not in respect of the same house. The respondents contended that the prior declaration was in respect of the same house and thus the fresh application is not maintainable.
Ratio Decidendi
A prior declaration of mundkarship in respect of the same house operates as res judicata and bars a fresh application for declaration under Section 8A of the Goa Mundkars (Protection from Eviction) Act, 1975.
Judgment Excerpts
The opponents filed an application dated 11.12.1998 by way of preliminary objection stating that the applicants have already been declared mundkars in respect of the house situated in the property surveyed under Chalta No. 45 of P.T. Sheet No.109 vide Order dated 19.11.1984 in Case No.MND/REG/2648/84.
Procedural History
The petitioners filed an application for declaration of mundkarship before the Mamlatdar in Case No. MUND/19/1996. The respondents raised a preliminary objection. The Mamlatdar dismissed the application. The petitioners filed a revision before the Administrative Tribunal, which was dismissed on 3.7.2001. The petitioners then filed the present writ petition.
Acts & Sections
- Goa Mundkars (Protection from Eviction) Act, 1975: Section 8A
