Case Note & Summary
The dispute arose from a writ petition challenging two orders dated 16.12.2023 passed by the Deputy Collector, SDO, Pernem Taluka. The petitioner, a widow, had filed an application for purchase of a dwelling house under Section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, which was allowed by the Joint Mamlatdar on 04.07.2023. Respondents 2 and 3 filed applications for leave to appeal and stay, which were granted by the Deputy Collector on 16.12.2023. The petitioner sought certified copies of these orders, but initially received only proceeding sheet orders without reasons; a detailed reasoned judgment was furnished belatedly on 06.01.2024 after the petitioner filed revision applications before the Administrative Tribunal. The core legal issues were whether the Deputy Collector's orders were valid despite procedural irregularities and lack of reasoned judgment at pronouncement. The petitioner argued that the belated supplementation of reasons indicated manipulation and violated judicial propriety, citing Supreme Court precedent. Respondents acknowledged procedural lapses but sought clarification on certified copy issuance practices. The court analyzed that judicial propriety demands reasoned orders be available when pronounced, and the Deputy Collector's failure to do so, along with delays in issuing certified copies contrary to a 2006 circular, vitiated the orders. The court quashed the impugned orders and directed strict adherence to certified copy procedures for revenue courts.
Headnote
A) Administrative Law - Judicial Propriety - Quasi-Judicial Authorities - Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, Section 24 - Deputy Collector passed orders granting leave to appeal and stay, but reasoned judgment was not available at pronouncement and was furnished belatedly - Court held this amounts to manipulation of record and violates judicial propriety, as orders must be available in file when pronounced - Impugned orders were quashed and set aside (Paras 15-16). B) Civil Procedure - Certified Copies - Issuance Procedure - Circular dated 16.10.2006 - Deputy Collector failed to issue certified copies of reasoned order promptly and without proper stamps indicating dates - Court found procedural lapses and directed strict adherence to circular requiring urgent copies within two days - Directions issued to streamline certified copy issuance for revenue courts (Paras 12-14).
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: Whether the Deputy Collector's orders dated 16.12.2023 granting leave to appeal and stay were valid given procedural irregularities and lack of reasoned judgment at the time of pronouncement
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
Court quashed and set aside the impugned orders dated 16.12.2023 passed by the Deputy Collector, and issued directions to streamline certified copy issuance procedures for revenue courts
