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"(b) 'authority' means an officer or authority or functionary exercising powers or discharging functions as such under the Specified Act".

Normally the source of powers to deal with the matter by the authority emanates from its appointment under the Specified Act but a Civil Judge or the District Judge or the Munsif, as the case may be, comprising the court discharges its powers judicially and thus cannot be termed as an officer or authority or functionary under the specified Act.

"(b) 'authority' means an officer or authority or functionary exercising powers or discharging functions as such under a specified act.",
16. It was contended by the learned Counsel that the 'Munsif' or the 'District Judge' are not authority under the Act of 1955 or under the Act of 1997, therefore, they cannot be made subordinate to the Tribunal as this will amount to interfering with the judicial power under the Constitution. The State Legislature cannot change the basic structure of he Constitution. Independence of judiciary is one of he basic structure of the Constitution recognized by the apex court and it is the settled principle of law in our country. By this Act the State Legislature has indirectly tried to change the basic structure of the Constitution by bringing the subordinate judiciary under the control of administrative tribunal constituted under Article 323B of the Constitution. This is not permissible. 'Munsif' and 'District Judge' are not persona designata, they are the courts to whom power of adjudication was entrusted under the Act of 1955. By giving power to the Judicial Authority to exercise matters relating to revenue will not change their character from a judicial officer to that of a revenue officer. They are appointed under Article 233 of the Constitution and they are not administrative officers so as to become amenable to the jurisdiction of the Tribunal. Section 2(b) of the Act of 1997, as quoted above, only defines 'authority' to mean an officer or authority or functionary exercising powers or discharging functions as such under a specified Act. 'Munsif' and 'District Judge' are not officers appointed under the Act of 1955 nor are they authority or functionary exercising power or discharging functions under the Act of 1955, but they are Judicial Authority adjudicating the rights of the parties under that Act.