Skip to content


Sreemanthu Rajah Y.S.R. Prasad, Zamindar of Devakota and ors. Vs. Kolli Ramaswamy and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1947)2MLJ459
AppellantSreemanthu Rajah Y.S.R. Prasad, Zamindar of Devakota and ors.
RespondentKolli Ramaswamy and ors.
Cases ReferredNandkishore Prasad Singh v. Radhakrishna Chatterjee I.L.R.
Excerpt:
- .....the tahsildar sold the rights to a number of bidders and submitted the list. whereupon the sub-divisional magistrate on complaint by certain others cancelled the order of the tahsildar and directed the cultivation rights to be given to various persons as stated in his order, dated 17th july, 1947. it is this order that is now sought to be revised on the ground that the sub-divisional magistrate has no jurisdiction to set aside the auction sale held by the tahsildar. in srinivasa pillai v. sathayappa pillai 14 ind.cas. 759 sankaran nair, j., has laid down that a receiver appointed under section 145 (4) of the code of criminal procedure is only an agent or servant of the magistrate whose order is only an administrative order for the management of the property. a receiver under section.....
Judgment:
ORDER

Govinda Menon, J.

1. In proceedings under Section 145 of the Code of Criminal Procedure the Sub-Divisional Magistrate attached the Lankas in dispute under the second proviso to Section 145 (4) and directed the Tahsildar to sell the cultivation rights by public auction of each plot separately and submit the sale list and bidders' list to him. Accordingly the Tahsildar sold the rights to a number of bidders and submitted the list. Whereupon the Sub-Divisional Magistrate on complaint by certain others cancelled the order of the Tahsildar and directed the cultivation rights to be given to various persons as stated in his order, dated 17th July, 1947. It is this order that is now sought to be revised on the ground that the Sub-Divisional Magistrate has no jurisdiction to set aside the auction sale held by the Tahsildar. In Srinivasa Pillai v. Sathayappa Pillai 14 Ind.Cas. 759 Sankaran Nair, J., has laid down that a receiver appointed under Section 145 (4) of the Code of Criminal Procedure is only an agent or servant of the Magistrate whose order is only an administrative order for the management of the property. A receiver under Section 146(2) has got all powers, which an ordinary receiver has under the Code of Civil Procedure. This decision has been followed by a Bench of the Patna High Court in Nandkishore Prasad Singh v. Radhakrishna Chatterjee I.L.R.(1942) Pat. 743. Therefore the Tahsildar who was directed to sell cultivation rights, is only an agent of the Magistrate and the directions given to him are merely administrative orders which can be varied by the Sub-Divisional Magistrate. As the order setting aside the sale passed by the Sub-Divisional Magistrate is only an administrative one no revision lies and this Court cannot interfere.

2. The criminal revision cases are accordingly dismissed.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //