Bombay High Court

PRASHANT NAIKversusSTATE OF GOA, THR THE MAMLATDAR OF BARDEZ AND ANR

Disposal: Disposed of

Holding

The order rejecting the mutation application was quashed and set aside, and the petitioner was directed to file a fresh application with the affidavit documents for reconsideration.

Summary

The petitioner, Prashant Naik, challenged an order dated 9 October 2025 issued by the Joint Mamlatdar‑III, Bardez, which rejected his mutation application on the ground that no link documents were filed. He subsequently filed an affidavit on 4 September 2026 accompanied by eight supporting documents and sought relief to have the earlier order set aside. The Additional Government Advocate for the State argued that the petitioner's claim could be reconsidered if a fresh mutation application were filed with the documents annexed to the affidavit. The Court quashed and set aside the impugned order, directing the respondent authority to allow the petitioner to file a fresh mutation application with the affidavit documents and to decide the claim within eight weeks. Consequently, the writ petition was disposed of in the terms ordered.

Issues considered

The legality of rejecting a mutation application for lack of link documents without considering additional evidence submitted later
Whether the order of the Joint Mamlatdar can be quashed and set aside by a writ petition

Subjects

mutation of land records
writ petition
quashing order
administrative law
property law

Judgment

2026:BHC-GOA:1903
                                               25 WP 245 2026

                Suzana

                         IN THE HIGH COURT OF BOMBAY AT GOA
                                  WRIT PETITION NO.245 OF 2026

           PRASHANT NAIK                                              ... PETITIONER
             Versus
           STATE OF GOA, THR THE MAMLATDAR OF
           BARDEZ AND ANR                                             ... RESPONDENTS


           Petitioner present in person
           Mr. Prashil Arolkar, Additional Government Advocate for
           Respondent No.1-State.


                                    CORAM:- S. G. CHAPALGAONKAR, J.
                                    DATED :- 24th September, 2026

           ORAL ORDER:


                         The present Writ Petition takes exception to Order dated
           09.10.2025 passed by Respondent No.2 - Joint Mamlatdar -III,
           Bardez, whereby the mutation application dated 22.05.2025 and
           supplementary application dated 13.06.2025 filed by Petitioner and
           co-applicant has been rejected observing that there are no link
           documents.


           2.     Petitioner has filed an affidavit dated 04.09.2026 along with 8
           documents in support of his claim for the mutation entry. In light
           of the aforesaid documents, Learned Additional Government
           Advocate, on instructions, submits that the Petitioner's claim can be


                                                   Page 1 of 2
                                               24th September, 2026
                                                      25 WP 245 2026


                   re-considered on the basis of the documents which are appended to
                   the affidavit. He would suggest that the Petitioner shall file a fresh
                   application for mutation along with the documents which are part
                   of the affidavit and the Respondent Authorities would reconsider
                   the claim of the Petitioner based on such documents.


                   3.        In light of the aforesaid statements, the Order impugned in
                   this Writ Petition is quashed and set aside. The matter be relegated
                   to Respondent No.2. The Petitioner shall be at liberty to file fresh
                   application with documents which are made part of the affidavit
                   dated 04.09.2026.         Respondent No.2 shall reconsider the
                   Petitioner's claim for mutation in light of the aforesaid documents
                   and pass fresh orders within a period of eight weeks from today.


                   4.      Writ Petition stands disposed of in aforesaid terms.



                                                            S. G. CHAPALGAONKAR, J.




Signed by: MARIA SUZANA REBELLO
Designation: Personal Assistant
                                                         Page 2 of 2
Date: 24/09/2026 16:05:24
                                                     24th September, 2026

Continue reading with your account

Checking your session…