NARMADA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the order of the Administrator, Gaya Municipal Corporation, dated 16-1-95 raising the annual valuation of the house bearing holding No. 49, within ward No. 2, situate at Law Road, in the town of Gaya, from Rs. 2200/- to Rs. 35,000/-. She also seeks quashing of the appellate order of the 2nd Additional District Judge, Gaya, dated 18-9-96 passed in Misc. Appeal No. 5/2 of 1995/96 upholding the said order of the Administrator. Copies of the said orders have been marked Annexures 1 and 2 to the writ petition.

(2.) Mr. Sudarshan Sharma, learned counsel for the petitioner, has assailed the order of the Additional District Judge on the ground that in view of the provisions of S. 152 read with S. 502 of the Patna Municipal Corporation Act, 1951 (in short 'the Act'), which is applicable to the Gaya Municipal Corporation as well, it is the District Judge alone who is competent to decide the appeal. He placed reliance of Sri Sudhir Chandra Ghose v. Patna Municipal Corporation 1998 (1) BLJ 3.

(3.) No doubt, the judgment in the above-mentioned case, supports the contention of the counsel. However, with utmost respect to the learned Judge, it appears that the relevant provisions of the Bengal, Agra and Assam Civil Courts Act, 1887 (in short 'the Civil Courts Act'), under which the civil Courts have been established in the State of Bihar, and which contains provisions regarding classifications, constitution and delegation of powers in different Courts in the hierarchy of Civil Courts, nor the decisions on the point were brought to his notice.