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1975 Supreme(Pat) 182
PATNA HIGH COURT
Shambhu Prasad Singh and S.Ali Ahmad JJ.
Arjun Ho
Versus
Commissioner, Chotanagpur Division, Ranchi
Civil Writ Jurisdiction Case No. 84 of 1970 ;
Decided On : SEPTEMBER 10, 1975
The Wilkinsons Rules and the Kolhan Civil Justice (Regulating and Validating) Act, 1966 are intra vires and the Additional Deputy Commissioner had jurisdiction to hear the suit. The reference to the Panchayat was valid and the award of the Panchayat was valid. An order under Section 145 of the Code of Criminal Procedure does not affect the validity of the award of the Panchayat.
Headnote:
KOLHAN CIVIL JUSTICE (REGULATING AND VALIDATING) ACT, 1966 - WILKINSONS RULES - VALIDITY - JURISDICTION OF ADDITIONAL DEPUTY COMMISSIONER - REFERENCE TO PANCHAYAT - VALIDITY - AWARD OF PANCHAYAT - VALIDITY - ORDER UNDER SECTION 145 OF THE CODE OF CRIMINAL PROCEDURE - EFFECT ON AWARD OF PANCHAYAT.
Fact of the Case:
Petitioners challenged the validity of orders passed by the Additional Deputy Commissioner and the Commissioner of Chotanagpur in a Kolhan Title Suit, arguing that the orders were passed without jurisdiction and in violation of the Wilkinsons Rules and the Kolhan Civil Justice (Regulating and Validating) Act, 1966.
Finding of the Court:
The Court held that the Wilkinsons Rules and the Kolhan Civil Justice (Regulating and Validating) Act, 1966 were intra vires and that the Additional Deputy Commissioner had jurisdiction to hear the suit. The Court also held that the reference to the Panchayat was valid and that the award of the Panchayat was valid. The Court further held that an order under Section 145 of the Code of Criminal Procedure did not affect the validity of the award of the Panchayat.
Issues: 1. Whether the Wilkinsons Rules and the Kolhan Civil Justice (Regulating and Validating) Act, 1966 were intra vires? 2. Whether the Additional Deputy Commissioner had jurisdiction to hear the suit? 3. Whether the reference to the Panchayat was valid? 4. Whether the award of the Panchayat was valid? 5. Whether an order under Section 145 of the Code of Criminal Procedure affected the validity of the award of the Panchayat?
Ratio Decidendi: 1. The Court held that the Wilkinsons Rules and the Kolhan Civil Justice (Regulating and Validating) Act, 1966 were intra vires based on previous decisions of the Court. 2. The Court held that the Additional Deputy Commissioner had jurisdiction to hear the suit as he was authorized by the Deputy Commissioner to hear such suits before the date on which the suit was transferred to him. 3. The Court held that the reference to the Panchayat was valid as the parties were consulted and they did not object to the selection of the Panches. 4. The Court held that the award of the Panchayat was valid as it was made by the Panches who were duly nominated and the reference to them was not in violation of the Wilkinsons Rules. 5. The Court held that an order under Section 145 of the Code of Criminal Procedure did not affect the validity of the award of the Panchayat as such contingency may arise in each and every suit which is filed after an order under Sec.145 of the Code of Criminal Procedure is passed.
Final Decision: The Court dismissed the writ petition, holding that the orders passed by the Additional Deputy Commissioner and the Commissioner of Chotanagpur were valid.
1. This writ application has been filed for quashing orders contained in Annexures 1 and 3 to it. Annexure 1 is an order of Additional Deputy Commissioner, Singhbhum (respondent No. 2) decreeing Kolhan Title Suit No. 43 of 1966 filed by respondents Nos. 3 to 7 in terms of the award of the panches to whom the dispute had been referred. Annexure 3 is the order of the Commissioner of Chotanagpur (respondent No. 1) dismissing the appeal of the petitioners from the aforesaid Judgment of respondent No. 2.
2. The entire ordersheet of the suit has been filed as Annexure 4 along with the rejoinder filed by the petitioners to the counter-affidavit of respondent No. 2. As it appears from the ordersheet, the suit was for declaration of plaintiffs title to the lands described in Schedule C to the plaint and for confirmation of the same or in the alternative, for partition of the lands described in Schedule B half and half by metes and bounds. The suit was valued at Rs, 3,000.00 for the purposes of jurisdiction, but only a consolidated Court-fee of Rs. 22.50 was paid. It was filed before respondent No. 2 on 5th of September, 1966. After the plaint was filed the Additional Deputy Commissioner passed the following order:-
"In view of Commissioners order in K. M. Appeal 37/66, the suit is adjourned sine die."
It appears that later on, as directed in Memo No. 1348/L dated 10th of September, 1967, the suit was transferred from the Court of the Additional Deputy Commissioner to the Court of Kolhan Superintendent and the records were received by the latter on 19th of June, 1967. On the same date he registered and admitted the plaint and issued summons to the parties to appear before him on a date fixed for the purpose. On 2nd of April, 1968, the suit was dismissed for default, but on the very date, when the parties appeared and the plaintiffs explained the absence, it was restored. The ordersheet dated 3rd of June, 1968 shows that parties prayed to refer the case to the Panchayat for arbitration. The plaintiffs suggested the name of one of the Panches, the defendants of the other and the third name that of the convener was suggested by the Kolhan Superintendent himself. However, the records could not be sent to the Panches as copies of plaint and written statement were not there and the parties were directed to file copies by 18th of June, 1968. On 18th of June, 1968 both parties were absent and the suit was dismissed for default. On the same date a petition for restoration of the suit was filed and notice was issued to the defendant to show cause against restoration by 22nd of July, 1968. The ordersheet of 22nd July, 1968 reads as follows:-
"Plaintiff present. The A. D. C. has to hear such suits now. Send the records to him. Parties to appear there on 20-8-1968."
On 20th of August, 1968, the Magistrate who was incharge of the work of the Additional Deputy Commissioner received the records and issued notice to the defendants to show cause against restoration. On 25th of September, 1968, the Additional Deputy Commissioner heard the petition for restoration and restored the suit. He again asked the parties to file copies of plaint and written statement for sending them to the Panches. On 9th of October, 1968, after the copies of the plaint and written statement were filed, the Additional Deputy Commissioner ordered for sending them to the convener Panch. The award of the Panches was received on 16th of January, 1969. Time was allowed to parties till 11th of March, 1969 for filing objection, if any. The defendants filed an objection on 11th of March, 1969. It was taken up for hearing on 15th of July, 1969. The Additional Deputy Commissioner overruled the objection and accepted the award of the Panches. He also ordered for passing of a decree in terms of the award. It is this order which has been made Annexure 1 to the writ application.
3. Suits filed for Kolhan area in the district of Singhbhum are governed by a set of rules known as Wilkinso
