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IN THE HIGH COURT OF BOMBAY AT GOA
VALMIKI MENEZES
Gopiki Soma Lingudkar – Appellant
Versus
Deputy Collector & S.D.O. – Respondent
JUDGMENT :
VALMIKI MENEZES, J.
1. This Petition assails two orders, both dated 16.12.2023, passed by the Deputy Collector, SDO, Pernem Taluka in case no. DCP/MND/APL/3-9/2023. The first order allows an application filed by Respondent No.2 and 3 for leave to appeal while the second order grants stay of Judgment and Order dated 04.07.2023 passed by the Joint Mamlatdar-1 of Pernem Taluka in Case No. JM-I/MND/PUR/11/2020 allowing present Petitioner’s application for purchase of a dwelling house and land appurtenant thereto, under Section 16 of Goa Daman and Diu Mundkars ( Protection from Eviction) Act 1975.
FACTS WHICH ARE BORNE FROM THE AVERMENTS IN THE PETITION:
2. It is the case of the Petitioner that, the Petitioner had filed an application on 01.09.2020, for the purchase of a dwelling house before the Joint Mamlatdar-1 of Pernem Taluka in Case No. JM-I/MND/PUR/11/2020; vide its Judgment and Order dated 04.07.2023, the Mamlatdar invoked powers under Section 16 of the Act and allowed the same.
3. Subsequently the Respondent No.2 and 3 herein, filed an application seeking leave to file appeal, challenging the aforementioned Judgment and Order dated 04.07.2023 along with an application fo
Quasi-judicial authorities must pronounce reasoned orders in open court with immediate file availability; certified copies require date endorsements for limitation exclusion; detailed procedural dire....
The scope of judicial review is confined to decision making process and not the decision per se.
The court held that the Deputy Collector's order setting aside multiple revenue entries was invalid due to procedural violations and lack of jurisdiction under the Gujarat Land Revenue Code.
The court upheld the discretion of the Prothonotary to grant certified copies to a third party with legitimate interest, emphasizing the necessity of showing sufficient cause under Rule 268.
The Deputy Collector's notice issued beyond the one-year limit for calling records under the Tenancy Act was void, emphasizing the necessity of application of mind in such proceedings.
Sufficient cause for delay excusing late appeal can challenge decisions in eviction matters; jurisdictional errors in previous rulings warranted reinstatement of appeal.
The judgment must be in writing, signed, and dated on the date of pronouncement, as per the provisions of the Civil Procedure Code.
Point of Law : It is no doubt true that if there was any provision to be found in impugned Act which prevented the Wage Board from giving reasons for its decision, it might be construed to mean that ....
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