Bombay High Court

Quasi-judicial authorities must pronounce reasoned orders in open court and ensure mandatory date endorsements on certified copies for limitation purposes.

Smt. Gopiki Soma Lingudkar v. The Deputy Collector & S.D.O., Pernem Taluka & Ors. [2026:BHC-GOA:415]

Bombay High Court3 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner obtained a favorable order dated 04.07.2023 from the Joint Mamlatdar-1 for the purchase of a dwelling house under Section 16 of the Goa Mundkar Act

Source reference: para. 2

Respondents 2 and 3 challenged this before the Deputy Collector (Respondent 1), who passed two orders on 16.12.2023 in the "Proceeding Sheet" (Roznama) granting leave to appeal and a stay

Source reference: paras. 3-6

Although the Petitioner applied for urgent certified copies immediately, the office only provided the brief Roznama orders on 02.01.2024.

Source reference: paras. 7-10

After the Petitioner filed a revision before the Administrative Tribunal, Respondent 1 "voluntarily" produced a detailed, reasoned judgment dated 16.12.2023 on 06.01.2024

Source reference: paras. 7-10

The Petitioner alleged that the reasoned judgment was manufactured post-facto to supplement the unreasoned Roznama order

Source reference: para. 10

Following High Court intervention, the Chief Secretary found serious procedural lapses and censured the officer

Source reference: para. 19
02

Issues

Whether the Deputy Collector acted with judicial impropriety by supplementing a summary Roznama order with a belatedly prepared reasoned judgment

Source reference: para. 12

Whether the lack of a standardized procedure for endorsing dates on certified copies by quasi-judicial authorities prejudices the statutory right of appeal and the computation of limitation

Source reference: paras. 21, 26-28
03

Law Applied

The Court applied the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, specifically Section 24 regarding appeals and Section 25 regarding revisions

Source reference: paras. 3, 27

It relied on Section 12 of the Limitation Act, 1963, which mandates the exclusion of time requisite for obtaining certified copies when computing the limitation period

Source reference: para. 28

The Court further emphasized Sections 74, 76, and 79 of the Indian Evidence Act (now Sections 74, 75, and 79 of the Bharatiya Sakshya Adhiniyam) concerning public documents and the genuineness of certified copies

Source reference: para. 25

Finally, it enforced the guidelines established in *Shri Pradeep K.R. Sangodker v. State of Goa* [WP 281/2006] and Government Circular No. 11/3/2006-LD/ESTT dated 16.10.2006 regarding the timely delivery of judgments and issuance of copies

Source reference: paras. 22-23
04

Reasoning

The Court observed that the Deputy Collector’s failure to provide the reasoned judgment when the certified copy was first applied for strongly suggested the document was not ready on the date of pronouncement

Source reference: para. 15

The Court noted that judicial propriety requires a signed order to be available in the file the moment it is pronounced

Source reference: para. 15

The Court identified a systemic failure where quasi-judicial authorities issue certified copies without endorsing critical dates—such as the date of application, processing, and delivery—rendered it impossible for higher forums to accurately compute limitation or grant exclusions under Section 12 of the Limitation Act

Source reference: paras. 26-29

The Court concluded that the officer’s conduct amounted to a serious procedural lapse, as confirmed by the government's internal enquiry and subsequent censure

Source reference: paras. 18-19
05

Holding

The Court declined to quash the orders directly, instead directing the Administrative Tribunal to permit the Petitioner to amend the pending Revision Applications to challenge the belated reasoned orders on all grounds

It held that the amendments would relate back to the original filing date to avoid limitation bars

Source reference: para. 33(a)

Crucially, the Court issued mandatory directions for all quasi-judicial authorities in Goa: (i) judgments must be pronounced in open court and signed immediately

Source reference: para. 33(c)(i)

(ii) original judgments must be placed in paginated files with typist details

Source reference: para. 33(c)(ii)

and (iii) all certified copies must bear a standardized stamp/endorsement detailing five specific dates: application receipt, processing completion, scheduled collection, readiness, and actual delivery

Source reference: para. 33(c)(vi)

The Chief Secretary was directed to circulate these instructions statewide

Source reference: para. 33(c)(viii)
Bombay High Court

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Smt. Gopiki Soma Lingudkar v. The Deputy Collector & S.D.O., Pernem Taluka & Ors. [2026:BHC-GOA:415]

Bombay High Court

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