UJJAGAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Gram Panchayat of village Marauli Kalan by its order dated 12th August, 1963, found Ujagar Singh, petitioner, guilty under Section 23 of the Punjab Gram Panchayat Act and fined him Rs. 20/- vide copy Annexure 'A'. He is said to have encroached on a thoroughfare and not removed the obstruction in spite of notice served on him by the Gram Panchayat. The petitioner felt aggrieved from the above order and preferred a revision petition which came up for hearing before the Magistrate 1st Class, Ropar who not only upheld the order passed by the Panchayat but also directed the petitioner to remove the encroachment within one month from the date of his order failing which a fine of Re. 1/- per day was payable by him till he removed the encroachment, the maximum fine was not to exceed Rs. 300/- vide copy Annexure B. Thereafter the Gram Panchayat moved the Judicial Magistrate, Rupar for realisation of the amount of fine which came to Rs. 320/-. The petitioner contended before him that the learned Magistrate by his order, copy Annexure 'B', could not have directed him to pay a fine of Re. 1/- per day till the obstruction was removed. The learned Judicial Magistrate held that he was bound by the order copy Annexure 'B' and could not go behind it vide copy Annexure 'C'. The petitioner has filed the present petition under Article 227 of the Constitution for setting aside the orders copies Annexures 'A' 'B' and 'C' on the grounds as follows :-

(2.) The learned counsel for Arjan Singh, respondent maintained that the present petition was belated. It has been firmly laid down by this Court in Naurang Lal v. The Gram Panchayat of village Gujarwas and another case, and Suram Singh v. The Gram Panchayat of Samtana Kalan and another,1963 PunLR 417 that the Gram Panchayat and so also the Magistrate hearing revision from its order not have ordered the petitioner to pay the recurring find of Re. 1/- per day at the first stage. Therefore the order of the Magistrate, Annexure 'B', is void to the extent that thereby the petitioner could not have been ordered to pay a fine of Re. 1/- per day till the obstruction was removed. Since the part of the order in view of the Rule laid down in the above two authorities is void, the mere delay in filing the present petition cannot be considered as fatal.

(3.) For the above reasons, the order of the learned Magistrate, copy Annexure B is modified to the extent that the direction laid down there in for payment of a fine of Re. 1/- per day by the petitioner till he removed the obstruction is quashed. The order of Judicial Magistrate, Rupar, copy Annexure 'C' falls within it. The order of the Gram Panchayat, copy Annexure 'A' is upheld. The petition stands disposed of accordingly with no order as to costs.