1 IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION NO. 796 OF 2009 SHRI SUBOAD S. SAWANT ... Applicant versus SHRI SADANAND P. GAAD ... Respondent Applicant in person. Shri S. D. Padiyar, Advocate for the Original Petitioner. Shri Vivek Rodrigues, Additional Government Advocate for the Respondents. Coram : SMT. V.K.TAHILRAMNI & N. A. BRITTO, JJ. Date : 13th November, 2009. P.C.:- This application was filed as an application for intervention in Writ Petition No.224/2009. We have perused the said application. We have not allowed the intervenor to intervene in the writ petition, in view of the order, we proposed to pass, and passed. However, in our view, the application raises certain questions of public importance. The applicant is a practicing advocate and a mahajan of one of the Devasthans, namely Shree Saptakoteshwar Devasthan in Bicholim Taluka and was its attorney for two tenures. One of the allegations against the 2 Petitioner is that the Petitioner along with others have misappropriated the funds of the Devasthans of Bicholim from the year 1996, and the Petitioner was arrested. The applicant states that he does not know the result of investigation. The other grievance is that the accounts have not been audited from the year 1991 and the letter dated 27-2-2007 to the Administrator in that regard has not brought any result. There was another request made by letter dated 27-2-2007 to audit the accounts maintained by the Administrator of Devasthans of Bicholim Taluka but the accounts have not been audited till date. Yet another letter was made dated 9-10-2007 to the Under Secretary(Revenue) but, according to the applicant the accounts have remained unaudited, and all this according to the applicant, is because, the Petitioner has a powerful godfather and political support. Allegation is also made that the appointment letter dated 30-8-1991 is itself fabricated. The Devasthans are under government tutelage. The Mamlatdar of concerned taluka happens to act as an Administrator of Devasthans, under the said Regulation. Contributions made by way of derrama/fees are after all public money of which proper accounts must be maintained and regular audit held, so that instances of misappropriation, if any, can be minimized, timely detected and offenders prosecuted. Non auditing the accounts from the year 1991 is a serious matter and the government cannot shirk its responsibility. If the Petitioner has political clout, it is quite possible that the investigations initiated against the Petitioner, may not bring about desired results. 3 Does the Government exercise any control by auditing the accounts of institutions under its tutelage, or there is no control at all, and if it does exercise control, how often are the accounts audited? Therefore, we deem it appropriate to take cognizance of the allegations in the application as a “Suo Motu Writ Petition and it shall be numbered as such, separately. We direct the State to disclose on affidavit as to what action has been taken as regards the complaint of misappropriation filed against the petitioner and others, and steps taken regarding the auditing of the fund available in the Section of Devasthans, contributed by various Devalayas under the said Regulation and to begin with, Bicholim Taluka. Let notice be issued to the Secretary(Revenue) on behalf of the State Government and also to the Police Inspector, Bicholim Police Station. Notices made returnable on 7-12-2009. Intervention application shall stand disposed off. This order shall be treated as Suo Moto Writ Petition. SMT. V.K.TAHILRAMANI, J. N. A. BRITTO, J. RD