- (1.) Challenge in this revisional application under the scheme of Constitution of India is against the order dated January 28, 2014 passed by the learned District Judge, Barasat, District-North 24-Parganas, in Misc. Appeal No. 18 of 2014. An order of demolition against the structure constructed in the year 1950 on the premises no. 118, Shyamnagar Road, Kolkata-700 055 and holding no. 799 was issued by the Chairperson of South Dum Dum Municipality on December 31, 2013. The petitioners preferred an appeal under Section 218(3) of the West Bengal Municipal Act, 1993 before the learned District Judge at Barasat who by the order impugned took up the issue of maintainability of the Appeal and ordered for return of the Memorandum of Appeal to the appellants for presentation of the same before the court having jurisdiction.
(2.) Being aggrieved by and dissatisfied with the order impugned, petitioners have preferred this revision on the grounds, inter-alia, that the learned court ought to have considered the appeal before him being a statutory appeal and should have stayed the operation of the said order dated December 31, 2013 passed by the Municipal authorities.
(3.) The moot issue before this Court is whether the appeal lies before the District Judge or Civil judge (Junior Division). Position is required to be clarified as to which court will have jurisdiction to entertain an appeal under section 218(3) of the said Act. Learned counsel appearing for the petitioners has contended that the learned court has misdirected himself while recording finding to the effect that the provision of Section 14H of the West Bengal Land Reforms Act, 1955 has got sufficient relevance in the context of a special provision for appeal given under the said Act, whereas S. 218(3) of the West Bengal Municipal Act 1993 relates to an appeal against the order made by the Board of Councillors which shall lie with the court having jurisdiction. In support of his contention, learned counsel referred to the provisions of Sections 19, 20, 21& 25 of the Bengal, Agra & Assam Civil Courts Act, 1887 (hereinafter referred to as the said Act). Section 19 of the said Act reads as under: "Extent of jurisdiction of [Civil Judge (Junior Division)]- (1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a [Civil Judge (Junior Division)] extends to all like suits of which the value does not exceed [fifteen thousand rupees]. (2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any [Civil Judge (Junior Division)] named therein that his jurisdictions shall extend to all like suits of such value not exceeding [thirty thousand rupees] as may be specified in the notification: Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this sub-section." Section 20 provides that an appeal from a decree or order of a District Judge or Additional Judge shall lie to the High Court and Section 21 of the said Act, provides that an appeal from a decree or order of [Civil Judge(Senior Division)] shall be to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed (sixty thousand rupees) and to the High Court in any other case likewise an appeal from a decree or order of the Civil Judge (Junior Division) shall lie to the District Judge.;