HC for open-court pronouncement of mundkar orders

Panaji: Observing an “irregular procedure” followed by revenue authorities while deciding mundkar and other cases, the Bombay high court issued directions to streamline the procedure for passing orders and issuing certified copies to parties to avoid any manipulation of records.The court directed all orders passed by these authorities to be pronounced in “open court” in the presence of the parties, at which time the order may be signed by the authority.An entry of the operative part of the order shall simultaneously be made in the proceeding sheet/roznama, where the signatures of the parties or their advocates shall be taken, the court said.“The original judgment or order pronounced in the open court shall be placed in the concerned file with running pagination, such that there is no means by which the same can be placed on the file at any later date.

The order or judgment shall contain the name/code of the dealing hand or typist who typed the order,” stated justice Valmiki Menezes.The court added that when parties request a certified copy of the order, the authority in all cases shall always issue a copy of the entire judgment, and not just the operative part contained in the proceeding sheet/roznama. In addition, if requested, a certified copy of the proceeding sheet may also be issued in addition to the reasoned judgment/order.

The court said that these directions shall be in addition to the circular dated Oct 16, 2006, issued by the under secretary, which was issued pursuant to directions and guidelines given by the court on Aug 24, 2006.The court directed the chief secretary/law secretary to circulate the directions to all revenue authorities in Goa discharging quasi-judicial powers under the Goa Land Revenue Code 1968, the Goa, Daman and Diu Mundkar’s (Protection from Eviction) Act, 1975, the Goa Agricultural Tenancy Act 1964, the Goa, Daman and Diu Mamlatdar’s Court Act, 1966, and such other statutes where quasi-judicial powers are conferred on these authorities.