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2013 DIGILAW 133 (BOM)

Ratnakar L. Parab v. Agnelo D'Souza

2013-01-17

U.V.BAKRE, V.M.KANADE

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Judgment : (V.M. Kanade, J.) Heard learned counsel for the petitioners and the learned counsel for the respondents. 2. By this petition which is filed under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs: (a) For issue of a writ of certiorari or a writ in the nature of certiorari vacating the stay granted by the Administrative Tribunal and dismissing the appeal No.3/2008 as not maintainable under Art. 154 of the Code of Comunidades. (b) For a writ of mandamus or a writ in the nature of mandamus directing the Government to implement its order of appointing Substitute Committee for the Comundiade dated 13.3.2008. (c) For issue of a writ of mandamus directing the Government to initiate criminal action against the Respondents no.1,2 3, 8 and 9 and civil action for recovery of loss caused to the Comunidade. (d) For issue of a writ of mandamus directing the Collector of North Goa, the Respondent no.7 to initiate eviction proceedings against the illegal allottees of land and other encroachers of the Comunidade land in co-ordination with the said Substitute Committee, the Petitioners herein. (e) An ex-parte relief in terms of prayer (a) above. 3. The petitioners are the Goancars of the Comunidade of Sirsaim and as such they are entitled to manage the affairs of the Comunidade through their elected members. In the petition allegations have been made against the erstwhile Managing Committed of the said Comunidade. It has been alleged that there were large scale illegalities and misappropriation of funds and that several irregularities were noticed and therefore the present petition was filed seeking an appropriate writ or direction directing the respondents to take action against the said members of the Managing Committee. 4. On the other hand, the learned counsel for all the respondents have submitted that the petition has become infructuous, as various orders have been passed by this Court from time to time granting various reliefs and, as such, the petition, therefore, should be disposed of since the same has become infructuous. This, however, has been disputed by learned counsel appearing for the petitioners. 5. It is submitted that elections were directed to be held, the accounts audited and audit report to be filed, but the audit report has not been filed in this Court. This, however, has been disputed by learned counsel appearing for the petitioners. 5. It is submitted that elections were directed to be held, the accounts audited and audit report to be filed, but the audit report has not been filed in this Court. It is submitted that the audit has commenced recently and this Court should examine the said audit report and thereafter pass appropriate orders. It is submitted that though criminal proceedings were initiated, however, so far the charge sheet has not been filed. It is submitted that the Deputy Superintendent of Police has filed an affidavit to that effect in April 2012. However, till today the charge sheet has not been filed. It is further submitted that the details of the persons in whose favour the plots were illegally allotted also were not made available by the police. Learned counsel for the petitioners, therefore, submitted that the petition be kept pending. 6. After having heard both the learned counsel at length we are of the view that no useful purpose will be served by keeping this writ petition pending. As far as prayer clause “a” is concerned it is an admitted position that the said prayer does not survive since the appeal no.3/2008 is already disposed of. Secondly, as far as prayer clause (b) is concerned a Substitute new committee has been appointed by the Communidade and it is in-charge of the affairs of the Communidade and therefore the said prayer (b) also does not survive. As far as prayer (c ) is concerned, a direction was asked for directing the Government to initiate criminal and civil action for recovery of loss to the Communidade. It is admitted that the criminal proceedings have commenced and the investigation is going on and the charge sheet could not be filed since the audit report was not available. We are informed that after the Communidade has paid the audit fees, the Chartered Accountant has commenced the said process of auditing the accounts and only after the audit is completed the police would be in a position to file the charge sheet. In any case, criminal action has to be initiated against the respondents as prayed in prayer clause (c ). Similarly, civil suit also has been filed for the recovery of loss caused to the Comunidade and to the Government. In any case, criminal action has to be initiated against the respondents as prayed in prayer clause (c ). Similarly, civil suit also has been filed for the recovery of loss caused to the Comunidade and to the Government. So far as prayer clause (d) is concerned, the petitioners had asked for writ of mandamus directing the Collector of North to initiate eviction proceedings against the illegal allottees of land and other encroachers of the Communidade in co-ordination with the said Substitute Committee. We are informed that the said eviction proceedings are commenced and the Investigating Officer as well as the respondents are trying to find out the particulars of the illegal allotments and thereafter they are going to commence criminal proceedings against those persons who are responsible for making illegal allotments. 7. In our view, the writ petition has worked itself out and all reliefs have been granted pursuant to the various directions which have been given by this Court by passing orders from time to time. Under the circumstances, the petition has become infructuous. No relief in favour of the petitioners can be granted at this stage and therefore, it would be appropriate if the petition is disposed of. However, we clarify that the petitioners would be at liberty, if necessary, to approach this Court at a subsequent stage. All the contentions of the petitioners are kept open. The petition stands disposed of. 8. The amounts which are deposited in this Court pursuant to the interim direction given to the respondents may be deposited in the Court of Civil Judge, Senior Division at Mapusa in Special Civil Suit No.95/2009/C where the civil proceedings are pending. The amount shall be invested in a Nationalized bank and the fixed deposit may be renewed from time to time till the disposal of the civil suit.