ISHAR DASS Vs. GULZAR SINGH

JUDGEMENT

(1.) ON the application of the petitioner Ishar Dan, proceedings under section 21 of the Gram Panchayat Act (hereinafter called, the Act') were taken against the respondents Gulzar Singh and Gokal Chand by the Gram Panchayat, Jandwala Bhimeshah, Tehsil Fazilka, District Ferozepur. The Panchayat vide an order dated July 10, 1983 (Annexure P. 1) held the respondents guilty of making encroachment on the public street and directed them to remove the encroachment. A penalty of Rs. 25/- was also imposed on them. The appeal filed by the respondents was allowed by the District Development and Panchayat Officer, Ferozepur, vide an order dated March 30, 1984 (Annexure P. 2). It was held that service on the respondents under Section 46 of the Act had not been effected by the Gram Panchayat and that the order under appeal was passed in the absence of-the respondent without giving them appropriate opportunity of being heard. The order of the Panchayat (Annexure P. 1) was quashed.

(2.) THE grievance of the petitioner Ishar Dass in this petition under section 482 of the Code of Criminal Procedure is that while accepting the appeal of the respondents and quashing the order of the Panchayat the Appellate Authority should have remanded the case to the Gram Panchayat for appropriate adjudication in accordance with law. There is evident merit in this contention. The effect of the impugned order of the District Development Led Panchayat Officer is that not only the order, of the Gram Panchayat was set aside but also the application of the petitioner on which proceedings were taken by the Panchayat against the respondents under section 21 of the Act was dismissed. This could not be done. The proceedings taken by the Panchayat in the absence of the respondents were certainly liable to be quashed, but due to the illegal procedure adopted by the Panchayat the application filed by the petitioner could not be dismissed. The only course open to the Appellate Authority while setting aside the order of the Gram Panchayat was to remand the case to the Panchayat to decide the same in accordance with law after giving adequate opportunity of being heard to the respondents.

(3.) FOR the reasons given above the impugned order (Annexure P. 2) is modified to the extent that the case is remanded to the Gram Panchayat for adjudication in accordance with law. The petitioner Ishar Dass as well as the respondents Gulzar Singh and Gokal Chand are directed to appear before the Gram Panchayat on December 17, 1986 for further proceedings.