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1951 Supreme(All) 240

SAPRU, AGARWALA
Musai Bhant – Appellant
Versus
Ganga Charan and State U. P. – Respondent


Advocates:
Suraj Nath Singh, for the Applicants; Satya Narain Pd., for the Opposite Parties.

Judgement

SAPRU, J. :- This is an application under Article 226 of the Constitution praying that this Court may be pleased to issue a writ of certiorari or such other writ, direction, or order as it may please and quash the conviction and sentence passed against the applicants by a Panchayati Adalat. The applicants allegation is that none of the five panchas who convicted him resided in the village of the accused or the area of the Gaon Sabha. This fact is not controverted by the opposite parties as they have not filed any counter-affidavit. We further find that this objection was taken, though not in very clear terms, before the learned Sub-Divisional Magistrate to whom the applicants went in revision. The learned Sub-Divisional Magistrate chose to pass an order which gave no reasons for rejecting the applicants application. We think it was incumbent on him to pass a more well-considered order. For the successful working of the Panchayat Raj Act and for guiding the Panchayati Adalats it is, in our opinion, essential that Magistrates should take some pains over the judgments and orders that they pass in revisions against the orders of the Panchayati Adalats. We regret to note that




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