SHIVDENI RAI Vs. BANS NARAIN RAI AND 4 OTHERS

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India for the issue of a writ in the nature of certiorari questioning the order of the Sub -divisional Magistrate of Ghazipur, dated the 27th December, 1952 who quashed the order of the Panchayati Adalat, Reotipur, and cancelled its jurisdiction.

(2.) THE facts which gave rise to the case out of which this application has arisen may be stated as follows:

(3.) IT was contended before me on behalf of the applicant that the Sub -divisional Magistrate could entertain the revision only within 60 days of the order as provided in Section 85 of the U.P. Panchayat Raj Act and as the revision in this case was filed much beyond this period it could not have been entertained by him and his order, therefore, quashing the conviction and cancelling the jurisdiction of the Panchayati Adalat was without jurisdiction. Section 85, no doubt, provides that Sub -divisional Magistrate may either of his own motion or on the application of party send for the record from the Panchayati Adalat concerned within 60 days from the date of the order. Section 89 provides the forum in which a revision will lie against the orders of the Panchayati Adalat. It confers jurisdiction on the Sub -Divisional Magistrate to revise the orders of the Panchayati Adalat in criminal matters; in civil matters the powers have been conferred on the Munsif and in revenue matters on the Sub -divisional officer concerned. This section, however, does not provides for any period of limitation within which a revision is to be filed. Section 83 provides that the Code of Civil Procedure, the Code of Criminal Procedure, the Indian Evidence Act and the Indian Limitation Act shall not apply to any suit, case or proceedings, in a Panchayat Adalat except as provided in this Act or as may be prescribed.