BHAGWAN SINGH Vs. CHIEF JUDICIAL MAGISTRATE, RUPNAGA

JUDGEMENT

(1.) BHAGWAN Singh petitioner is a resident of village Chintgarh, Tehsil Kharar, District Rupnagar. The Gram Panchayat, Chintgarh, initiated proceedings against him in 1972 under Section 21 of the Punjab Gram Panchayat Act on the ground that he had made encroachment on the public passage by constructing Pucca Khurlies, verandah and kitchen. The proceedings against the petitioner were got transferred by him from Gram Panchayat Chintgarh to Gram Panchayat Akalgarh in 1973, to Gram Panchayat, Solempur in 1976, to Gram Panchayat, Fatehgarh in 1979 and thereafter to Gram Panchayat, Niholka. The Gram Panchayat, Niholka, vide order dated February 1, 1981, (P.2) held that the petitioner had made the encroachment on the public passage. He was directed to remove the encroachment within 30 days. He was also fined Rs. 50/- for having made illegal encroachment. The petitioner assailed the order P.2 before the Chief Judicial Magistrate, Roopnagar under section 51 of the Punjab Gram Panchayat Act which was dismissed vide order dated March 3, 1982. The petitioner filed a petition under Article 227 of the Constitution read with Section 482, Criminal Procedure Code assailing the orders of the Gram Panchayat, Niholka, (P.2), and the Chief Judicial Magistrate, Roopnagar, dated March 3, 1982. This petition was disposed of vide order dated October 31, 1983, (P.5). The relevant part of this order reads :-

(2.) THE Chief Judicial Magistrate, Rupnagar, has decided the revisions filed by the petitioner against the order of Gram Panchayat, Niholka, (P.2) afresh vide order dated March 30, 1984, (P.1). The revision has been dismissed. It is against this order that the present petition under Article 227 of the Constitution read with Section 482, Criminal Procedure Code, has been filed by the petitioner.

(3.) THE learned counsel for the petitioner has contended that the Chief Judicial Magistrate has taken notice of the order passed by the Collector dated June 22, 1981, in a petition filed by Rachan Singh and Sital Singh against the petitioner and his brother under section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereafter the Act), holding that the site in dispute is used for common purposes. An appeal against this order has been preferred by Bhagwan Singh petitioner and the same is pending before the Joint Director, Panchayats, Punjab. The argument proceeds that no petition can be filed under section 11 of the Act for seeking such a declaration for the benefit of the Panchayat. The order of the Collector dated June 22, 1981, being ultra vires has been wrongly taken notice of by the Chief Judicial Magistrate. The contention of the learned counsel for the petitioner must prevail. Sub-section (1) of section 11 of the Act reads :