HIGHCOURT OF CHHATTISGARH AT B!LASPUR C|yjLRevJsion_No.83/2007 Singie Bench: Hon'bie Shri Diiip Deshmykh, J. ABj3.Slca.nt Sriniwas Rao, aged 35 years, S/o Late K.R. Swami, R/o Out House, Raiiway Qtr. No .240/8, Wireless Colony, Biiaspur (CG) V^rsys Soutn East Centrai Rai!way, Through-Sr. Divisionai Personnei Officer, South East Centra! Raiiway, bliaspur. Public In General C[ci!_Revis[Qn,ynderSectiQnJ_15,Qfihe_Civjj_Procey Non-appiicants Present:" Shri Ravindra Agarwai, counsei tor the appiicant. (Passed on 23rd July, 2007) (1) This clvil revlsion is being disposed of finaiiy at the stage of admlssion today. (2) The appllcant is aggreived by an order dated 18.4.2007 passed by Shri R.L. Jhawar, District Judge, Bilaspur in an unregistered NJ.C., whereby an application fiied by the applicant under Sections 50, 51 , 52, 53 and 90 of the Menta! Heaith Act, 1987 (hereinafter referred to as the 'Act') for appointment of the appiicant as the guardian of Ku. Tara, aged about 44 years and for issuance of a certificate to that extent was returned to the applicant wlth the observatlon that under Section 90 of the Act, oniy the iVIagistrate had jurisdiction to deai wlth such matter. (3) Chapter 6 of the Act deais with Judicia! inquistition regarding alleged mentaiiy ill person possessing property, custody of hls person and management of his property, Under Section 50 the Act, an appijcation Jies to management of his property. Under Section 50 the Act, an appiication lies to the Distrlct Court for holding an inquisjtion into the mentai conditlon of the alieged mentaliy iii person. Under Section 51, on completion of the inquisition procedings, the Dlstrict Court is required to record its findlngs on the mental status of the alleged mentally i!l person and whether he is incapabie of taking care of himself and. of managing his property or incapabie of managing his property oniy. Sectlon 52 of the Act deals with the appolntment of guardlan of mentally ili person and the manager of the property and empowers the District Court to record a flnding on the above issues. Sectlon 53 of the Act dea.is with the appointment of guardlan of mentally il! person and provides where the mentally ill person is incapabie of taking care of himself, the District Court or, where a direction has been issued under sub-Section (2) of Section 54, the Coilector of the District, may appoint any suitabie person to be his guardian. The present applicatlon filed by the applicant was covered under the first limb of sub Clause-i of Section 53 l.e. for appointment of guardian of mentally ill person. Under Section 54 aiso, It is the. Dlstrict Court which Is empowered to authorize the Court of wards to take charge of the property of a mentaily ili person who is incapable of maintainlng it. in this manner, it is ciear that it is the District Court whlch aione has jurlsdiction to deai with the matter under Sections 50, 51, 52 and 53 of the Act. Although Section 90 of the Act was mentioned in the application, no such prayer Vi/as made so as to Invoke the provision contained under Section 90 of the Act. The iearned Dlstrict Judge has ciearly miscontrued the applicatlon as failing under Section 90 of the Act and passed the impugned order which Is contrary to iaw and liable to be set aslde. ^ I (4) In the result, this civii revision is ailowed. The impugned order is set aside. The application filed by the appiicant herein under Sections 50,51,52 and 53 of the Act shall be deait with by the District Court. Sd/- Dilip Raosaheb Deshmukh Judge Priys ll-NBp1