NARURANG LAL Vs. THE GRAM PANCHAYAT AND ANR.

JUDGEMENT

(1.) THIS case has been referred to a Division Bench by my learned brother because of conflicting decisions of two learned Single Judges of this Court concerning the interpretation of Section 23 of the Punjab Gram Panchayat Act, IV of 1953.

(2.) THE facts are that the Gram Panchayat of Gujar -was, Mohindergarh District, took proceedings against the Petitioner Naurang Lal under Section 21 of the Act on the 1st of March, 1961, on the ground that in constructing a house he had encroached one public pathway. It was held that he had offended in this manner and he was ordered under Section 23 of the Act to pay a fine of Rs. 20 and also a penalty of 50 nP., per day as from the 10th of March, 1961, until the day when the encroachment was removed - His revision petition against this order was dismissed by a Magistrate at Narnaul and he then came to this Court under Article 227 of the Constitution. Section 23 of the Act reads:

(3.) THE main point raised in the petition was that in spite of the provisions of Section 23 of the Gram Panchayat had no power to impose a prospective recurring penalty and when the case came up for hearing before my learned brother on the 19th of April, 1963 a judgment of Khanna, J., Suram Singh v. The Gram Panchayat of Samtana Kalan and Anr., I.L.R. (1963) 2 P&H 137 :, 1963 P.L.R. 417, in which this contention was upheld was cited on the one side while on the other side an unreported decision of Gurdev Singh, J., in Banta Singh v. Gram Panchayat of Mourn Bhutta, Cr. M. No. 183 of 1962, decided on the 14th of August, 1962, was cited in which he had upheld a similar order of the Panchayat.