NT Reporter
Panaji
The High Court of Bombay at Goa has introduced strict procedures for revenue and quasi-judicial authorities to prevent “manipulation” of records and the practice of writing detailed judgments after issuing brief, unreasoned orders.
The directions were issued while hearing a petition filed by Gopiki Soma Lingudkar.
Lingudkar had applied to purchase a house under the Goa Mundkar Act and her application was allowed. However, the Pernem Deputy Collector stayed the decision on December 16, 2023. The petitioner said that on the day of the hearing, the Deputy Collector recorded only a short operative order in the proceeding sheet (roznama) without giving reasons. Despite repeated requests for a certified copy of the detailed order, she was given only the roznama notes.
The petitioner later challenged the order before the Administrative Tribunal. During the proceedings, the Deputy Collector produced a detailed, multi-page reasoned judgment which was predated to December 16.
The High Court described the situation as “a very serious matter” and said it “amounts to manipulation of the record by the officer concerned”.
To prevent such practices, the High Court issued binding directions for revenue and quasi-judicial authorities. The court said that all judgments must be pronounced in open court in the presence of the parties. The original signed judgment must immediately be placed in the case file with running pagination so that documents cannot be added later.
The court also directed that a mandatory stamp be used on applications for copies to record five dates — the date of application, date of processing, date fixed for collection, the date the copy was ready and the date of delivery to the party.
The High Court did not quash the Deputy Collector’s order as the matter is already pending before the Administrative Tribunal. However, it allowed the petitioner to amend her revision applications to challenge the “newly discovered” reasoned orders.
The Administrative Tribunal has been directed to hear and dispose of the matter within three months.
The court also asked the Chief Secretary to circulate the judgment to all quasi-judicial authorities in Goa to ensure compliance with the new procedures.
