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Even if no application under Section 41 had been filed by the petitioners, the Assistant Commissioner should have started a proceeding under Section 41, on the application of the villagers filed in June 1966 or suo motu. Without doing so, by an administrative fiat, he called for accounts and started to exercise control over the institution.

20. Indeed, it is remarkable that though the petitioners filed an application under Section 41 on 10-11-1967, the Assistant Commissioner did not so far proceed to make any enquiry thereunder, Doubtless, administrative and iudicial functions have been combined in these functionaries. But it has been clearly indicated by this Court in several judicial pronouncements that while deciding disputes these officers are to act strictly judicially and with a mind absolutely free from bias especially as they have also administrative control over these institutions.