Case Note & Summary
The petitioner, Shri Noordin Shamshuddin Ramjee, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 02/05/2014 passed by the respondent No.3 (Minister for Urban Development, Goa). The impugned order allowed the revision petition filed by respondent No.1 (Smt Sharmila Muzawar Shah) and set aside the order dated 29.06.2012 passed by the Chief Officer of respondent No.2 (Margao Municipal Council). The background of the dispute is that the petitioner was a licensee of a kiosk owned by the Margao Municipal Council and was paying sopo (rent) to the Council. The petitioner permitted respondent No.1 to use the kiosk, but she refused to vacate it. Consequently, the petitioner complained to the Chief Officer of the Municipal Council. The Chief Officer, exercising powers under Section 257 of the Goa Municipalities Act, 1968, passed an order on 29.06.2012 directing respondent No.1 to hand over vacant possession of the kiosk to the petitioner. Aggrieved by this order, respondent No.1 filed a revision petition before the Minister for Urban Development (respondent No.3), who set aside the Chief Officer's order. The petitioner then approached the High Court. The petitioner argued that the Chief Officer had powers under Section 257 to expel or grant a licence, and that the order was correct. The respondent No.1 contended that the revisional authority had jurisdiction and correctly set aside the order. The High Court, after hearing the parties, held that the Chief Officer's order was quasi-judicial in nature and the Revisional Authority had the jurisdiction to examine its legality and propriety. The Court found no error in the revisional order and dismissed the writ petition. The judgment was pronounced on 8 March 2018 by Justice Nutan D. Sardessai.
Headnote
A) Municipal Law - Eviction of Licensee - Section 257 of Goa Municipalities Act, 1968 - The Chief Officer has power to expel a licensee and grant licence under Section 257. The order passed by the Chief Officer on 29.06.2012 directing respondent No.1 to hand over vacant possession was a quasi-judicial order. The Revisional Authority under the Act has jurisdiction to examine the legality and propriety of such order. The Revisional Authority set aside the order on merits, which was challenged under Articles 226 and 227. The High Court found no error in the revisional order and dismissed the petition. (Paras 1-3)
Issue of Consideration
Whether the Revisional Authority (respondent No.3) erred in setting aside the Chief Officer's order dated 29.06.2012 directing respondent No.1 to hand over vacant possession of the kiosk to the petitioner.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Revisional Authority dated 02/05/2014.
Law Points
- Section 257 of Goa Municipalities Act
- 1968
- powers of Chief Officer to expel licensee
- revisional jurisdiction
- quasi-judicial order
- Article 226 and 227 of Constitution of India
