LAKSHMANBHAI UKABHAI PARMAR Vs. KARMSIBHAI LALABHAI PARMAR

JUDGEMENT

(1.) By this Special Civil Application, the writ-petitioners have not only prayed for a writ of mandamus declaring that the Mamlatdar's Courts Act, 1906 as ultra vires Article 14 of the Constitution of India but have also prayed for a direction for quashing and setting aside the order dated 30th July 2012 passed by the Mamlatdar, Lathi, in Mamlatdar Court Case No.11 of 2012 and also the order dated 25th February 2013 passed by the Deputy Collector, Lathi, in Revision Case No.5 of 2012.

(2.) This Court, at the very outset, made it clear to the learned advocate for the petitioners that this Court will restrict its scrutiny only to the question whether, The Mamlatdar's Court Act, 1906 (hereinafter referred to as "the Act") is ultra vires the Constitution of India. However, for challenging the other orders impugned in this application, the petitioners are required to move the appropriate learned Single Judge vested with the jurisdiction to decide such question.

(3.) Mr Malkan, the learned advocate appearing on behalf of the petitioners contended before us that the authority to decide the question of easement right over an immovable property should not be conferred upon the Mamlatdar's Court as by the Act itself, no right of appeal against such decision has been given in favour of the litigant. According to Mr Malkan, the complicated question of right of easement over the immovable property should be decided by the Civil Court and there being no provision of judicial review of such decision except a feeble remedy by way of revision before the Collector, who is also an executive officer, the vesting of such power in the executives is violative of the principles of natural justice and, at the same time, arbitrary.