BUDHANI Vs. NYAYA PANCHAYAT CHANDAPUR

JUDGEMENT

(1.) THE petitioners have prayed for quashing the orders of the Nyaya Panchayat dated 30th September, 1970, convicting the petitioners under Sections 323/506 IPC and sentencing them to a fine and further convicting and sentencing them for not attending the Nyaya Panchayat on the date of hearing thereby they committed contempt of the Nyaya Panchayat, and ? that of the Sub-Divisional Magistrate dated 15-8-1971 dismissing their revision on the ground that it was barred by time.

(2.) KHARPATTU Manjhi, respondent No. 2, made an application to the Nyaya Panchayat alleging therein that he was a co-sharer with the petitioners and had half a share in the house which they had reconstructed. It was further asserted that they had sold a tree for Rs. 350/-in which also he had half a share. A half share in the clump of bamboos was also claimed. KHARPATTU alleged that when he made demand of his share he was threatened by the petitioners. He prayed that his half share in the aforesaid properties be given to him. KHARPATTU examined witnessess in support of his case. The Nyaya Panchayat convicted and sentenced the petitioners as mentioned earlier by its order dated 30th September 1970.

(3.) SINCE we have already held that the Nyaya Panchayat acted illegally and without jurisdiction in convicting and sentencing the petitioners for the various offences alleged to have been committed by the petitioner, petition must be allowed. We accordingly allow the petition and quash the orders of the Nyaya Panchayat dated 30th September 1970 and that of the Sub-Divisional Magistrate dated 18th August 1971. The fine, if it has already been deposited, shall be refunded to the petitioners. Parties shall bear their own costs. Petition allowed.