ZILA PARISHAD GHAZIPUR Vs. GHOORAN SINGH

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 9.2. 1982 passed by the then Fourth Additional Sessions Judge, Chazipur in Criminal Revision No. 180 of 1981 passed by the Additional Sub-Divisional Magistrate, Chazipur under section 240 of the UP. Kshettra Samities and Zila Parishad Adhinyam, 1961 directing Chooran Singh to pay the licence of Rs. 170/- and further sentencing him to pay fine of Rs. 100/-.

(2.) The brief facts are that on 4.11.1979 Prem Narain Singh, Revenue Inspector, alongwith his peon Raghubir Ram visited village Horilpatti and he found that Chooran Singh, the present opposite party No. 1, was running a brick kiln without a licence which was a pre-requisite in view of the bye laws framed by the Zila Parishad under section 239(2) of the Act. A demand for the licence fee was made by the Parish ad but Chooran Singh did not pay the same. On 22.4.1980 a notice was sent by Zila Parishad requiring him to pay the licence fee by 10.5.1980 but this notice too remained unheeded. Thereafter the Parishad filed a complaint through Atrikta Mukhya Adhikari. Chooran Singh denied having run any brick kiln during the period 1979-80 and pleaded his false implication. The complainant i. e. Atrikta Mukhya Adhikari, Zila Parishad, examined Jamuna Prasad Singh, Licensing Head Clerk as P.W. 1, Prem Narain Singh, Revenue Inspector as P.W. 2 and Raghubir Ram a peon as P.W. 3. The learned Additional Sub Divisional Magistrate relying on the evidence led by the complainant held Gooran Singh guilty of the offence under section 240 of the Act and fined him, as aforesaid, Aggrieved by this order Ghooran Singh went up in revision before the Sessions Judge and the Sessions Judge set aside the order of the Additional Sub Divisional Officer on two counts, firstly that Additional Sub Divisional Magistrate had no jurisdiction to try the case and that the complaint was barred by limitation. Aggrieved by this order of the Sessions Judge, the Zila Parishad Ghazipur has preferred this revision.

(3.) I have heard learned counsel for the parties, A.G.A. and have perused the record. The counsel for the Zila Parishad has assailed the judgment and order of the Sessions Judge on the ground that under section 251 of the Kshettra Samities and Zila Parishad Adhiniyam Sessions Judge is not the appellate authority and, therefore, he could not set as the order of the learned Additional Sub Divisional Magistrate Ghazipur. Section 251 of UP. Kshettra Samities and Zila Parishads Adhiniyam reads as under: 251. Any person aggrieved by any order or direction made by a Parishad or a Kshettra Samiti, as the case may be, under the powers, conferred upon it by section 1650), 171, 184, 191(6), 193,202, 216, 218, 221 or under a bye-law made under sub head (a) of Heading Land under Heading E of sub-section (2) of section 239 may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officers as the State Government may appoint, for the purpose of hearing such appeals or any of them or, failing such appointment to the District Magistrate.