The high court of Bombay at Goa recently directed that a notice be issued to an ‘aval karkun’ in the South Goa collectorate office, G A Kudalkar, to show-cause why action should not be taken against him for tampering with the records in a tenancy case.
While dismissing a petition filed by the legal heirs of Milagres Pereira, seeking to be declared as tenants in respect of an area of 21,400 sq m of land belonging to the comunidade of Cacora, the court observed: “Perusal of the records discloses a very sorry state of affairs.
G A Kudalkar, who was functioning as mamlatdar in 1999 has introduced the maiden name of his wife Rekha Borkar in the final order declaring her also to be tenant along with the original applicant in respect of the property.”
Justice A P Lavande noted that the matter, prima facie, discloses tampering of records of the quasi-judicial proceedings and sought a reply from Kudalkar by March 30, 2011. The court also observed that the ‘mere fact that the government has exonerated the mamlatdar in a departmental inquiry, would not come in the way of this court from taking appropriate action in the matter’.
In this case, in 2001, the deputy collector had set aside the order of the mamlatdar on an application filed by the comunidade of Cacora. Subsequently, the deputy collector’s order was upheld by the administrative tribunal in 2010. The petitioners then challenged the administrative tribunal’s order in the high court. However, while pointing out to the tampering of records, the high court has taken a serious view of the case.
The court has appointed senior counsel A N S Nadkarni as amicus curiae in the case.