ZILA PANCHAYAT Vs. DISTRICT AND SESSIONS JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Manish Goyal for the respondents. This matter had been adjourned to enable the learned counsel for the petitioner to point out the provisions under which the Zila Panchayat is claiming its rights and powers to receive the amount of fine that is realised as penalty in criminal prosecutions by a court of competent jurisdiction.

(2.) The petitioner had earlier filed Writ Petition No. 24330 of 2014 and the same was permitted to be withdrawn to enable the learned counsel to file a better writ petition after explaining the powers and rights under which such payment is sought to be invoked by the petitioner to realise fine and seek deposit thereof with the Zila Panchayat. The judgment is quoted herein under:-

(3.) This writ petition has therefore again been filed contending that on a perusal of Rule 85 readwith Rule 72 of the General Rules Criminal 1977, the fine which is deposited in courts in such proceedings has to be sent to the municipality concerned. Rule 72 and Rule 85 of the General Rules Criminal are extracted herein under:-