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BOMBAY HIGH COURT
Valmiki Menezes, J.
Noberto Paulo Sebastiao Fernandes – Petitioner
versus
Pankaj Vithal Tan Volvoikar and Ors. – Respondents
Criminal Writ Petition No.40 of 2025
Decided on 25.7.2025
For the Petitioner:Mr. S.S. Kantak, Sr. Advocate with Mr. C. Angle and Ms. Neha Kholkar, Advocates
For the Respondents:Mr. Nigel da Costa Frias with Mr. Vishal Sawant and Mr. Vineet Surlakar, Advocates
For the State: Mr. S.G. Bhobe. Public Prosecutor
IMPORTANT POINT
Revisional Jurisdiction – Only power that could be exercised by Revisional Court at interim stage, and in pursuance of final orders that would be passed, would be to direct execution of a sentence or an order to be suspended until disposal of Revision Application itself.
Headnote:
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 438 – Constitution of India – Article 227 – Revisional Jurisdiction – Exercise of – Parameters – Only power that could be exercised by Revisional Court at interim stage, and in pursuance of final orders that would be passed, would be to direct execution of a sentence or an order to be suspended until disposal of Revision Application itself – High Court should not exercise its jurisdiction at the drop of a hat and same should be sparingly used, but where Court subordinate to High Court have not acted within bounds of their authority or their orders suffer from patent perversity, interference in supervisory jurisdiction of Court would be called for – In present case, considering that case on its genesis in a proceeding to maintain peace and public tranquillity and was one under Section 146 of Cr.P.C., revisional jurisdiction which was to be exercised by Sessions Court would have to be exercised within bounds of original proceeding – Section 438 is power of revision vested in Sessions Court and High Court to be exercised in various matters against which revisions are permitted – Sessions Court ought to have approached entire matter by first being mindful of scope of original proceeding – Impugned order quashed and set aside. (Paras 25, 28 and 29)
Result: Revision Application allowed.
JUDGMENT (ORAL)
Registry to waive office objections and register the matter.
2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.
3. In this Writ Petition, the Petitioner takes exception to an order dated 23.07.2025 passed by the Additional Sessions Judge, Mapusa in a Criminal Revision Application No.47/2025, whereby an application at Exhibit D-17 of the file of the Sessions Court has been allowed. The facts relevant to arriving at a decision in this matter are as under:
4. The Petitioner claims to be the owner of property bearing Survey No.171/6 of Village Morjim. The Respondents had filed an application for declaring themselves as mundkars in relation to a house structure under House No.793 of Village Morjim before the Mamlatdar of Pernem. These proceedings bore Case No. MAM/PER/MND/2/2014. The Mamlatdar, by an order of 09.07.2019 has dismissed the application of the Respondents, seeking to declare their right as mundkars of the structure, against which they filed an appeal before the Deputy Collector and SDO at Pernem under Case No. DCP/MND/APL/3-7/2019. This appeal of the Respondents came to be dismissed on 24.11.2020 against which there is a Revision Application filed under the Mundkar Act pending before the Administrative Tribunal of Goa which bears No. MUND/REV/APPL/NO.11/2021. There is no application in the nature of any interim relief to protect the possession claimed by the Respondent over the suit premises in any of these proceedings.
5. According to the Petitioner, since the Respondents trespassed over the property under Survey No.171/6 claimed by them, a complaint dated 21.01.2025 came to be filed with the P.I., Mandrem Police Station seeking intervention of the Police and filing of an FIR. A further complaint came to be made to the same Police Station on 23.01.2025, complaining of trespass by the Respondents over the said property, despite, according to the Petitioner, they having not succeeded in obtaining an order of declaration of their claim as mundkars over the house standing in the property. In both the complaints, the Petitioner has claimed to be in possession of the structure existing on the property. The second complaint alleges that the Respondents are threatening to dispossess the Petitioner of the property under Survey No. 171/6 and the structures standing thereon, and further alleges that there is serious apprehension of a law and order situation at the site.
6. On the basis of the Petitioner’s complaint dated 23.01.2025, the Deputy Collector and Sub-Divisional Magistrate recorded his satisfaction that there exists a dispute, likely to cause breach of public peace or tranquillity and may disturb the communal harmony in the locality, with respect to property under Survey No.171/6 of Village Morjim, and exercised jurisdiction under Section 164 of the BNSS, issuing notice to the parties i.e. both the Petitioner and the Respondents. This notice was issued on 29.01.2025 and was made returnable on 10.02.2025. After both the parties filed replies to the notice, the SDM passed an order dated 07.04.2025 disposing of the proceedings with the following observations:
“The Party No. I is entitled to be in possession of the property bearing Survey No.171 sub-division 6 of village Morjim. Pernem, Goa and the subject structure existing therein. The Party - II and any person claiming through or under them are hereby directed to not interfere with the possession of the Party - I in respect of the property bearing Survey No .171 sub-division 6 of village Morjim, Pernem, Goa and the subject structure existing therein. The Party - II is hereby restrained from in any manner interfering with the possession of Party - I and causing any breach of peace in respect of the property bearing Survey No.171 sub-division 6 of village Morjim. Pernem, Goa and the subject structure existing therein. The Mandrem Police Station is directed to maintain vigil and ensure that no law and
