RAM BHAGAT Vs. THE GRAM PANCHAYAT AND ANR.

JUDGEMENT

(1.) Ram Bhagat of village Haibatpur has moved this Court in the exercise of its writ jurisdiction to question the validity of the order passed by the Sub -Divisional Magistrate, Jind, dismissing his application under Sec. 97 of the Gram Panchayat Act.

(2.) The Petitioner, a landowner of village Haibatpur was allotted some land and according to him, he had cut a shisham tree which was standing on this land after permission had been obtained from the Forest Department. The Gram Panchayat Haibatpur asked the Petitioner to restore the timber of the shisham tree and his refusal to comply with this demand resulted in imposition by it of fine which was challenged before the Sub -Divisional Magistrate, Jind. The application before the Sub -Divisional Magistrate, Jind, having been dismissed the Petitioner seeks redress from this Court.

(3.) In the written statement filed on behalf of the Panchayat, it is asserted that the shisham tree which the Petitioner had cut was on the land of the Shamilat Deh vesting in the Panchayat. If that were the only issue for consideration, there would be no force in this writ petition because a dispute on this question of fact would be outside the purview of the writ jurisdiction of this Court. The proceedings of the Gram Panchayat, however, show that the action taken by it from its very inception is contrary to the provisions of the Act, and cannot, therefore, be sustained.