GRAM PANCHAYAT, NAGRA, PORSA Vs. NABAB SINGH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India directed against the order of the Sessions Judge, Morena, dated 18th August 1971, whereby the learned Judge set aside the Judgment of the Nyaya Panchayat, Porsa, dated 28th September 1969 and acquitted the accused -non -petitioner of an offence under section 52 (4) of the M. P. Panchayats Act (7 of 1962) (which will here -in -after be referred to as the Act). It may be mentioned here that the section has wrongly been described throughout the proceedings as 52 (2) but in fact it should be 52 (4).

(2.) THE Gram Panchayat, Nagara, it appears, filed a comp1aint against the non -petitioner Nabab Singh under section 52 (4) of the Act on the allegation that the non -petitioner had encroached upon Panchayat land. The Nyaya Panchayat found the allegation proved and convicted the non -petitioner under section 52 (4) of the Act and sentenced him to pay a fine Rs. 25/ -. It also imposed a recurring fine of Rs. 5/ - every day on which the encroachment continues after the date of conviction.

(3.) LEARNED counsel for the petitioner Gram Panchayat, has contended that it was not at all necessary for the Gram Panchayat to obtain permission of the Collector before instituting the complaint under section 52 (4) of the Act.