Bombay High Court Orders Transparency in Mundkar Cases
Court Slams Manipulation of Records by Revenue Authorities
Certified Copies Must Be Issued Promptly and Uniformly
By Our Legal Correspondent
New Delhi: March 09, 2026:
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In a landmark ruling, the Bombay High Court (Goa Bench) has directed all revenue and quasi-judicial authorities in the state to follow strict procedures when pronouncing orders and issuing certified copies. The case arose from a petition filed by Smt. Gopiki Soma Lingudkar, a 71-year-old woman from Pernem, who alleged serious irregularities by the Deputy Collector in handling her matter under the Goa Mundkar Act, 1975.
The Court’s decision is expected to have far-reaching implications for thousands of mundkar cases in Goa, where tenants seek protection from eviction and rights to purchase dwelling houses.
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Background of the Case
- Petitioner: Gopiki Soma Lingudkar
- Issue: Purchase of a dwelling house under Section 16 of the Goa Mundkar Act.
- Initial Order: The Joint Mamlatdar-1 had ruled in her favour.
- Challenge: Respondents appealed before the Deputy Collector, who on 16 December 2023 passed two orders in the proceeding sheet (roznama) — granting leave to appeal and a stay.
- Problem: When Lingudkar applied for certified copies, she was only given the roznama, not the full order.
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The High Court found that the Deputy Collector had supplemented unreasoned orders with belated judgments, raising concerns of manipulation and lack of transparency.
Court’s Observations
Justice Valmiki Menezes noted:
- Revenue authorities often fail to pronounce reasoned judgments in open court.
- Certified copies are delayed or incomplete, making it difficult for litigants to file appeals within limitation periods.
- Such practices undermine the credibility of quasi-judicial bodies and erode public trust.
The Court emphasized that justice must not only be done but must be seen to be done, and transparency in issuing certified copies is essential.
Directions Issued by the High Court
The Court laid down strict guidelines for all revenue and quasi-judicial authorities in Goa:
- Reasoned Orders: Must be pronounced clearly and recorded in the proceeding sheet.
- Certified Copies: To be issued promptly and uniformly, without manipulation.
- Transparency: Authorities must avoid supplementing orders later to suit appeals.
- Accountability: Any deviation from procedure will attract judicial scrutiny.
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Impact of the Judgment
- For Mundkars: Greater protection of rights under the Goa Mundkar Act.
- For Revenue Authorities: A binding obligation to follow uniform procedures.
- For Litigants: Easier access to certified copies, ensuring appeals are filed within time.
- For Governance: Reinforces judicial oversight over quasi-judicial bodies.
This ruling is expected to strengthen rule of law in Goa’s land and tenancy disputes, especially in cases involving vulnerable mundkars.
Conclusion
The Bombay High Court’s ruling in Gopiki Soma Lingudkar v. Deputy Collector, Pernem is a watershed moment in Goa’s legal landscape. By mandating transparency and accountability, the Court has ensured that justice is not compromised by bureaucratic manipulation. This judgment will serve as a precedent for future cases, reinforcing the principle that fair procedure is the backbone of justice.
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