PURSHOTTAM JANARDAN CHAPHEKAR Vs. MAHADU PANDU TURMALKAR

JUDGEMENT

(1.) This is an application under the extraordinary jurisdiction of this Court to set right an order by the Collector by which, upon the mere statement of the defendant before him, he took upon himself to reverse the decree of the Mamlatdar.

(2.) It has been objected on behalf of the opponent that this Court has no power under its extraordinary jurisdiction to interfere with the order of the Collector so made.

(3.) The Mamlatdar s Courts Act, however, expressly constitutes the Collector (taking proceedings under that Act) a Court, and it has been ruled in The Collector of Thana v. Bhaskar Mahadev Sheth (1884) I. L. R. 8 Bom. 264 that the Collector when exercising judicial functions is subject to the superintendence and control of the High Court.