TARUN KUMAR CHATTERJEE Vs. ARUN KUMAR SARKHEL

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against an order dated 26. 5. 2008 and 7th January, 2009 passed by the learned additional District Judge, Barrackpore, North 24-Parganas in Misc. Case (Act viii) No. 5 of 2007 at the instance of the appellant/petitioner. In this revisional application a question has been raised as to whether an additional District Judge can consider an application under Section 8 of the hindu Minority and Guardianship Act, on its transfer from the Court of the learned District Judge of the concerned district, in the absence of any authorization under Section 4a of the Guardians and Wards Act? in fact, an identical question was raised before this Court in the case of c. O. No. 1551 of 2009 Shirsh Nath Mallick Vs- Arun Kumar Sarkhel and the said question was answered by this Court in the said revisional application in the order passed by this Court on 26th August, 2009.

(2.) IT was held therein that since the Additional District Judges are not subordinate to District Judge in discharge of judicial functions, they do not require any special authorization under Section 4a of the Guardians and Wards act, 1890 for consideration of a proceeding under Section 8 of the Hindu Minority and Guardianship Act, 1956 when such an application is transferred to additional District Judge by the District Judge of the concerned District for disposal. It was further held therein that the Additional District Judge cannot accept presentation of such application as a principal Civil Judge of the District. The above question is thus answered accordingly.

(3.) UNDER such circumstances, this Court holds that the fate of this revisional application will be governed by the decision passed in the said revisional application being C. O. No. 1551 of 2009.