STATE Vs. BABOO SINGH AND ANR.

JUDGEMENT

(1.) This revision has been filed by the State of UP against the order of the Additional Sessions Judge, Bulandshahr by which he set aside the order of the Tahsildar (Assistant Collector) awarding damages of Rs. 40/ - each against Babu Singh Pradhan and Roshan Singh.

(2.) It appears that Babu Singh, Pradhan of Gaon Samaj and one Roshan Singh, cut and misappropriated 5 trees belonging to the Gaon Samaj. On a report made against the accused the Tahsildar Magistrate passed an order Under Sec. 122 -B(2) of the UP Zamindari Abolition and Land Reforms Act (the Act) directing each of the two Applicants to pay Rs. 40/ - as compensation to the Gaon Samaj. Against the above order of the Magistrate an appeal was preferred by Babu Singh and Roshan Singh in the court of the Sessions Judge treating the said order as one of conviction. Strangely enough the Additional Assistant Sessions Judge without caring to read the order of the Tahsildar -Assistant Collector and without applying his mind to the facts of the case, straightway dealt with the matter as if he were hearing a criminal appeal and passed an order purporting to acquit the above said persons. I regret to say that the learned judge did not care to look into the provisions of the Act for had he done so he would have immediately realised that the procedure adopted by him was wholly illegal and without jurisdiction. Sub -section (4) of Sec. 122 -(B) of the Act lays down that the decision of the Collector (which expression includes an Assistant Collector) under Sub -section (2) shall, subject to the result of his suit by the aggrieved party before a court of competent jurisdiction, be final and conclusive.

(3.) In the first place, this was not a criminal proceeding of a summary character for assessing the damage caused to Gaon Samaj property. It is, regrettable that the Assistant Sessions Judge should have gone through a proceeding which was wholly unwarranted and illegal.