BANSI LAL Vs. GRAM PANCHAYAT AND ORS.

JUDGEMENT

(1.) THE question of law which arises in this reference is whether this Court should interfere in the exercise of revisional jurisdiction with the order of the Magistrate transferring a complaint under Section 21 of the Punjab Gram Panchayat Act, 1952, from one Panchayat to another?

(2.) THE Gram Panchayat of Muiiana sent a notice under Section 21 of the Punjab Gram Panchayat Act to Vir Bhan and his son Ved Parkash to remove the chabutra which had obstructed the watercourse opposite to the house of Shri Bansi Lal, who is a Sarpanch of the Panchayat. Section 21 empowers a Gram Panchayat to require removal of an encroachment or nuisance, and any disobedience of the order entails a penalty under Section 23 which may extend to Rs. 25 and if the breach is a continuing one a further penalty which may extend to one rupee for every day after the first during which the breach continues. The recurring penalty, under the proviso to Section 23, is not to exceed a sum of Rs. 500.

(3.) THE learned Sessions Judge, before whom the petition was filed by Bansi Lal himself as the representative of Gram Panchayat Mullana against the order dated 27th of February, 1961, of the Cantonment Magistrate, Ambala, being of the view that the proceedings under Section 21 not being criminal, has recommended that the order of transfer should be set aside.