RAM SINGH Vs. PANCHAYATI ADALAT

JUDGEMENT

(1.) THE applicants pray for the issue of a writ of certiorari or any other writ, order or direction quashing the orders passed by the panchayati adalat of Bhojipura and by the Sub-divisional magistrate. The applicants were prosecuted by the opposite-party No. 3 for offences of Sections 426, 323 and 506, I. P. C. before the panchayati adalat. The panchayati adalat convicted them of the offences and fined them on 12-8-1952. On 15-9-1952 they applied for a copy of the order and on 31-10-1952 they applied to the Sub-divisional Magistrate under Section 85 of the panchayat Raj Act for revision of the order. The Sub-divisional Magistrate dismissed the application on the ground that having been filed more than sixty days from the date of the order, it was barred by time. He thought that under Section 85 of the Panchayat Raj Act an application for revision of a panchayati adalat's order must be filed within sixty days of it. As the application was made after more than sixty days, it was thought by him to be barred by time. It is contended before me that the applicants were entitled under the Limitation Act to deduct the time spent by them in obtaining the copy of the panchayati adalat's order and that if it was deducted their application was within time. They also questioned in the application the validity of the panchayati adalat's order on several grounds.

(2.) THEIR counsel has confined the application only to challenging the order of the Sub-divisional magistrate. The merits of the panchayati adalat's order are not before me.

(3.) IT is laid down in Section 85 of the Panchayat Raj Act that if there has been a miscarriage of justice or if there is an apprehension of miscarriage of justice in any case, the Sub-divisional magistrate