NARENDRA KUMAR Vs. BHURE KHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing the order passed by the District Collector dated 6.9.2000 and also for quashing the order dated 30.5.2001 passed by the Board of Revenue.

(2.) SHRI J.L. Purohit, learned Counsel appearing for the respondents Caveator has raised the preliminary objection regarding the maintainability of the writ petition as such particularly in view of the fact that respondent No. 44 cannot be impleaded as a party being a Member of the Board of Revenue, Rajasthan. In support of his submission he has placed reliance upon Section 1 of the Judicial Officer Protection Act, 1850 which reads as under: No Judge, Magistrate, Justice of the Piece, Collector or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty...

(3.) A person may be in judicial service, if he acts outside the scope of his judicial service, he is liable for the consequences; AIR 1987 SC 1469.