DURGA Vs. MOLKIYA

JUDGEMENT

(1.) THIS is a revision application against an order of the Assistant Collector, Amber dated 28.8.1951 by which he imposed a fine of Rs. 50/ - upon the petitioner under sec. 6 of the Removal of Trees Ordinance.

(2.) A preliminary point raised by the opposite party in this case is that a revision does not lie to the Revenue Board against an order passed under the Rajasthan Removal of Trees Ordinance. There is no provision for a revision in that Ordinance and the provision for punishment of fine was a punitive provision and the Board could not revise such an Order.

(3.) THE Board being the highest Revenue Court of appeal and revision has the power to call for the record of any case decided by any subordinate revenue court. Therefore, if the order passed by the S. D. O. be deemed to be an order of a revenue court the Board has the power to revise its order. Therefore, the point for determination is whether the power to impose fine under sec. 6 of the Ordinance is given to a revenue court or to a criminal court.