Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal

Criminal Complaint against the Tahsildar that while discharging the duties of revenue court has ordered mutation of the land in the name of co-accused purchasers.  Order passed in quasi-judicial capacity and judicially appealable cannot be subjected to criminal prosecution under Section 3(2) of the Judges (Protection) Act, 1985.

The Tahsildar under section 11 of the Chhatisgarh Land Revenue Code is a Revenue Officer. Section 31 of the Chhatisgarh Land Revenue Code confers status of Courts on Revenue Officers.  A Revenue Officer while exercising powers under Section 31 shall be a Revenue Court.   Such an order is judicially appealable under Section 44(1) of the Code.

Judges (Protection) Act, 1985, protects Judicial Officers being sued in any Civil Court for official acts or orders passed in good faith. Under Section 1 of the said Act, not only a Judge, Magistrate or a Collector or any other person acting judicially are also protected against civil and criminal action.

Consequently, the prosecution against the petitioners was quashed.

Order dated 29.4.2024 in Cr.M.P.No.1461 of 2023 of Rajkumar Tamboli Vs. State of Chhatisgarh and another with connected matter.