Case Note & Summary
The petitioner, Shri Aditya Laxman Ghaisas, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 8th November 2021 passed by the Goa Commission for SC/ST in its Roznama. The impugned order was an interlocutory direction that the petitioner should not interfere with a disputed property. The petitioner sought quashing of this order on the ground that the Commission lacked jurisdiction to pass such an interim binding direction. The respondents included Shri Rohan Gopal Kunklekar alias Gaude, Shree Navadurga Devasthan, and Lata Gopal Gawde @ Gaude. The matter was heard with consent of all parties. The Court noted that the Commission's order was an interim measure directing non-interference with the property. Relying on the Supreme Court's decision in All India Indian Overseas Bank SC and ST Employees’ Welfare Association & Ors. vs. Union of India Ors., (1996) 6 SCC 606, the Court held that the Commission for SC/ST is not vested with the power to issue interim orders or binding directions; its powers are limited to making recommendations. Consequently, the impugned order was quashed and set aside as being beyond the Commission's jurisdiction. The petition was allowed, and rule was made absolute. The Court clarified that this order would not bar any other proceedings between the parties in appropriate forums.
Headnote
A) Constitutional Law - SC/ST Commission - Powers - Interim Orders - The Goa Commission for SC/ST passed an interim order directing the petitioner not to interfere with disputed property. The High Court held that the Commission has no power to issue interim orders or binding directions; it can only make recommendations. Relying on All India Indian Overseas Bank SC and ST Employees’ Welfare Association & Ors. vs. Union of India Ors., (1996) 6 SCC 606, the Court quashed the order as being beyond jurisdiction. (Paras 5-8)
Issue of Consideration
Whether the Goa Commission for SC/ST has the jurisdiction to pass interim orders directing parties not to interfere with disputed property pending a complaint.
Final Decision
The High Court allowed the petition, quashed and set aside the interim order dated 8th November 2021 passed by the Goa Commission for SC/ST, and made the rule absolute. The Court clarified that this order does not bar any other proceedings between the parties.
Law Points
- SC/ST Commission has no power to issue interim orders
- SC/ST Commission can only make recommendations
- Commission cannot pass binding directions
- Interlocutory orders beyond jurisdiction are void
