RANJIT SINGH Vs. DIRECTOR OF PANCHAYATS, ETC.

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution filed by Ranjit Singh, challenging the legality of an order, dated 17th April, 1968, passed by the Director of Panchayats, Punjab, Respondent No. 1. The said order reads:

(2.) IT appears that on the complaint of Ajmer Singh, Gonda Singh, Balbir Singh and Sohan Singh, Respondent Nos. 3 to 6, the Gram Panchayat, Sandhanwala, district Bhatinda, Respondent No. 2, by its resolution, dated 5th May, 1966, fined the Petitioner Rs. 20 and directed him to demolish the verandah, which, according to Respondent No. 2, he had constructed on a public path. This action was taken by the said Panchayat under Section 23 read with Section 21 of the Gram Panchayat Act, 1952, hereinafter called the Act. Against that order the Petitioner filed a revision petition before the Sub -Divisional Officer (Civil) for the suspension of the said resolution of the Panchayat.

(3.) A perusal of Sub -section (1) of this section will show that the Deputy Commissioner or the Sub -Divisional Officer is entitled to suspend the execution of any resolution or order of the Gram Panchayat, but only if it is not passed in judicial proceedings. Under Sub -section (2), it has been stated that if the Deputy Commissioner or the Sub -Divisional Officer decides to take action under Sub -section (1), he shall immediately send a copy of his order along with his reasons for making it together with such explanation as the Gram Panchayat might like to offer, to the Director, who would thereupon confirm, modify or rescind the said order. It will thus be seen that action under Section 97 can be taken by the Officers concerned only if the resolution or the order of the Gram Panchayat is not passed in judicial proceedings. In the instant case, action was taken by the Gram Panchayat, admittedly, under Sections 21 and 23 of the Act. It. has been held by a Full Bench of this Court in Narain Singh Hira Singh and Anr. v. The State, A.I.R. 1965 Pb. 372, that the Gram Panchayat, while proceeding under Sections 21 and 23 of the Act, was acting judicially. To the same effect is the Bench decision of this Court in The Gram Panchayat, Ponahana v. The Judicial Magistrate, Palwal and Ors., A.I.R. 1965 Pb. 337.