MUKHTIAR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeals No. 2453 and 1942 of 1991 filed against the judgment and decree of Additional District Judge dated 21. 5. 1991.

(2.) PLAINTIFF filed suit for declaration to the effect that the order of the D. D. P. O. acting as Collector, Amritsar, dated 17. 3. 1987 by virtue of which he has imposed a penalty of Rs. 1,78,000/- on the Plaintiff for use and occupation of the land measuring 35 kanals 12 Marlas is illegal, null and void and thus not executable. Plaintiff also claimed consequential relief of permanent injunction restraining the defendant from releasing the amount of penalty determined by the Collector vide order dated 17. 3. 1987.

(3.) AS per allegations in the plaint, it was stated that the plaintiff was in cultivating possession of the suit land as one of the co-sharers and thus the order of Collector vide which he imposed a penalty of Rs. 1,78,000/- is wholly illegal and void. This order was passed without affording the plaintiff an opportunity of hearing and to lead evidence. Since the order was beyond the competence of the Collector, the same is liable to be set aside by the civil Court.