TULCHA RAM Vs. GRAM PANCHAYAT PALANA

JUDGEMENT

(1.) THIS is a writ application by Tulcharam under Articles 226 and 227 of the Constitution by which a simple money decree for Rs. 100/- passed against the petitioner by the Tehsil Panchayat Bikaner dated the 21st November, 1957, affirming a decree of the Gram Panchayat Palana dated the 15th May, 1957, is sought to be quashed.

(2.) THE circumstance leading up to this writ application may shortly be described as follows. THE respondent Rugharam filed a suit for recovery of a sum of Rs. 100/- against the petitioner Tulcharam in Gram Panchayat Barsinghsar on the 8th September, 1956. As the petitioner happened to be a Panch of the aforesaid Gram Panchayat, the Sarpanch, Gram Panchayat Barsinghsar, directed that the case be forwarded to the Tehsil Panchayat Bikaner In its turn, the Tehsil Panchayat, Bikaner transferred the suit to the Gram Panchayat Palana for disposal according to law. THE Gram Panchayat Palana eventually passed a decree in favour of the respondent Rugharam against the petitoner on the 15th May, 1957. THE petitioner preferred an appeal against that decree to the Tehsil Panchayat, Bikaner, and the latter dismissed the appeal by its judgment dated the 21st November, 1957. THEreafter, the petitioner moved a revision application before the District Judge Bikaner who dismissed it by his order dated the 31st October, 1958. THE petitioner has now come up to this Court in the present writ application.

(3.) SIMILARLY in Gopalan vs. CRT Board (5), it was held that it was not open to a party to raise the question of jurisdiction of a subordinate tribunal for the first time in a certiorari proceeding unless he had challenged the jurisdiction before that tribunal itself or he satisfied the court that he was unaware of the circumstance which should have put him on an enquiry as to the lack of jurisdiction of the subordinate tribunal.