HC gives Tiswadi mamlatdar 6 months to recover misappropriated Rs 44.6 lakh

Panaji: The high court of Bombay at Goa gave the Tiswadi mamlatdar six months to recover the balance amount of Rs 44.6 lakh from the former managing committee of the Morombi-O-Grande Tenants Association, which had misappropriated a total of Rs 69.6 lakh.

The association at Merces, through its chairperson Shamir Coutinho, had approached the high court alleging disobedience of an order that had directed the mamlatdar to initiate proceedings for the recovery of money allegedly misappropriated by the former managing committee as arrears of land revenue. Last month, the high court issued a notice to the mamlatdar, asking to show cause why action under the Contempt of Courts Act should not be initiated for wilfully disobeying its Oct 2023 order.

The mamlatdar then filed an application seeking an extension of six months to complete the recovery process. He stated that the talathi identified the assets of the defaulters, and a warrant of distraint was issued to attach the movable property, which included one two-wheeler and two cars. He informed the court that he recovered Rs 14.7 lakh from Tiago Mendes and Blasio Menezes.

Advocate General Devidas Pangam said that to recover the balance of Rs 44.6 lakh, it would be necessary to conduct an auction of the vehicles that have been attached and ascertain whether there are any other properties of the defaulters available for recovery of the amount.

The mamlatdar, in an inquiry, observed that the former managing committee of the association had abused its powers, misappropriated association funds and failed to maintain accounts, resulting in a loss to the association. It had also committed harmful acts to agricultural lands.

The association approached the high court in 2023, stating that the mamlatdar only directed the association to register an FIR against the former managing committee, but didn’t exercise powers for recovery of the misappropriated amount, which was Rs 69.6 lakh according to the auditor’s report. It stated that the mamlatdar himself ought to have registered the FIR and initiated proceedings for recovery.

In Oct 2023, the high court directed the mamlatdar to initiate proceedings against members of the former managing committee for recovery of the misappropriated amount mentioned in the auditor’s Aug 23, 2022 report, and to deposit the amount in the bank account of the association. The division bench, comprising Justices Mahesh Sonak and Bharat P Deshpande, directed the mamlatdar to complete the exercise within a year.