L. Hari Kishan Das vs Emperor

Allsop, Ag. C.J.

This is an application purporting to be one addressed to us in our revisional jurisdiction. The applicant urges that we should set aside an order of the Town Rationing Officer made under R. 81 of the Rules under the Defence of India Act. It is urged that the order has been passed by the Town Rationing Officer who is a Magistrate. It does not seem to us that we have any jurisdiction to interfere with his order in our capacity as a Court of revision under the Code of Criminal Procedure. The Rule is that the Central Government or the Provincial Government can make an order dealing with certain matters. In this case tha relevant matter is the control of house accommodation. There is also provision in the Defence of India Act, sub-s. (5) of S. 2, that the powers of a Provincial Government can be delegated by them to some other authority. There is nothing to show that that authority must be a Magistrate. It is perfectly clear that this was not an order passed by the Town Rationing Officer in his magisterial capacity and that we have no power to interfere as a Court of criminal revision. Our attention has been drawn to the case in Motichand Balubhai Vs. District Magistrate, In that case the High Court of Bombay assumed jurisdiction in similar circumstances, but the question of their jurisdiction does not seem to have been raised as it was not discussed. If it had been raised, we doubt whether the learned Judges would have assumed jurisdiction, but if they did consider the matter and came to the conclusion that they had jurisdiction as a Court of criminal revision, we may say with the greatest respect that we are unable to agree with them. We reject this application.