Research › Browse › Judgment

Madras High Court · body

1970 DIGILAW 415 (MAD)

Veerabhadrappa v. The State of Mysore

1970-12-17

C.HONNIAH

body1970
Order- The question that arises in this revision petition is whether a revision application under section 435, Criminal Procedure Code, is maintainable in respect of an order made by the Tahsildar, under section 78 of the Mysore Land Revenue Act, 1964 describing himself as Taluka-Magistrate. 2. It is contended by Shri K.V. Lakshminarasimhan, Advocate for petitioners, that the Tahsildar being a Magistrate under section 6(a) of the Code of Criminal Procedure, the order passed by him is one revisable by this Court under section 435, Criminal Procedure Code. As could be gathered from the records, the proceedings are initiated at the instance of the police before the Tahsildar-Magistrate under section 78 of the Mysore Land Revenue Act, 1964, which reads as follows: "Recovery of value of trees, etc. unauthorisedly appropriated.-(1) Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof or remove from his holdings any other natural product, whether of the like description or not, which is the property of Government, shall be liable to the State Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Act, for the occupation of the land or otherwise; and notwithstanding any criminal proceedings which may be instituted against him in respect of the said appropriation of Government property. (2) The decision of the Deputy Commissioner as to the value of any such tree or portion thereof or other natural product, shall be final. 3. It appears that on 16th April, 1969, the petitioners of Hinnakki village had cut and removed a branch of Banyan tree situated in Government land without permission, in Survey No. 188 of that village. On a complaint by one of the villagers, the sub-Inspector of Police, Anekal, filed a charge sheet against the petitioners under section 78 of the Mysore Land Revenue Act, 1964, before the Tahsildar-Magistrate. The petitioners as could be made out from the order, admitted having cut the branches of (the) tree. Accepting their admission, the Tahsildar-Magistrate fined the first petitioner Rs. 50 and the rest of the petitioners Rs. 5 each. As against this order, this revision petition is filed. 4. The petitioners as could be made out from the order, admitted having cut the branches of (the) tree. Accepting their admission, the Tahsildar-Magistrate fined the first petitioner Rs. 50 and the rest of the petitioners Rs. 5 each. As against this order, this revision petition is filed. 4. Although the proceedings are taken under section 78 of the Mysore Land Revenue Act, it is contended by Shri Lakshminarasimhan, that the Tahsildar having described himself as Taluka-Magistrate according to him, the Taluka-Magistrate being one of the Magistrates subordinate to this Court, the order passed by him is revisable under section 435, Criminal Procedure Code. Looking into the provisions of section 78 of the Mysore Land Revenue Act, it is clear that the proceedings initiated before the Taluka-Magis-trate are proceedings essentially taken under the Mysore Land Revenue Act. The mere description while signing the order as Taluka Magistrate cannot be taken to mean that he was exercising the power under the Criminal Procedure Code. If at all, this would best be a proceeding under the provisions of the Mysore Land Revenue Act. But, by no stretch of imagination, could it be stated that he was exercising his power as a Taluka-Magistrate. Whatever may be the character of the proceedings it is obvious from the proceedings that the Tahsil-dar was exercising his authority under the Mysore Land Revenue Act, but at any rate not under the Criminal Procedure Code. He cannot, therefore, be regarded as an inferior criminal Court. The remedy open to the petitioners is provided in the Mysore Land Revenue Act itself by way of appeal or revision. That being so, no revision against the order would be maintainable under section 435, Criminal Procedure Code. 5. For the reasons stated above, this petition fails and is dismissed. S.V.S. ----- Petition dismissed.