(1.) THE legal question raised in this case and referred to the Full Bench is whether the proceedings under Sections 21 and 23 of the Punjab Gram Panchayat Act, 1952 (Punjab Act No. IV of 1953), hereinafter referred to as the Act, are of an administrative or of an executive nature, so that a petition under Section 439 of the Code of Criminal Procedure or under Article 227 of the Constitution of India would not He to this Court.
(2.) IT has been conceded before us that Section 439 of the Code of Criminal Procedure is not applicable to such proceedings and accordingly it remains only necessary to determine the applicability to them of Article 227 of the Constitution of India.
(3.) SECTION 21 of the Act confers on a Gram Panchayat as defined in the Act the power to require removal of an encroachment and nuisance and is in the following terms:
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