GIANT CHAND Vs. RAJ KUMAR

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India and has been filed for setting aside the order dated 11.9.2008 passed by Sub Division Officer (C) exercising the powers of Collector, Barsar, District Hamirpur (H.P.) in case No. 21/2005/2/2007.

(2.) The facts in brief are that petitioner had filed an application before respondent No. 5 Gram Panchayat, Nanawan on 10.5.2001 requesting that Jagdish Chand predecessor-in-interest of respondents No. 1 to 3 had blocked the drain (challa) due to which all dirty water had been spreading over in the Courtyard of the petitioner. The Bench of the Panchayat had inspected the spot on 17.6.2001 and on 27.6.2001 ordered that Jagdish Chand should clear the drain (challa) for the free flow of dirty water of cow dung and urine. The Panchayat gave notice to Jagdish Chand but of no consequence, Jagdish Chand wanted that Panchayat should get the land divided which is within red line (Lal Laqir). On 15.1.2002 Panchayat had imposed a fine of Rs. 25/- on Jagdish Chand for blocking the drain. Jagdish Chand had filed an appeal before Sub-Divisional Officer (C), Barsar which was decided on 23.9.2002 and the order of the Panchayat was set aside and the case was remanded to Panchayat with a direction to decide the same within three months.

(3.) It has been alleged that the file was received by the Panchayat on 25.1.2003 and notice was sent to Jagdish Chand for presence on 10.2.2003, on which date both the parties were present. But due to lack of quorum the case was adjourned to 10.3.2003, on that date petitioner was present but Jagdish Chand was not present. The statement of Gian Chand was recorded on 10.3.2003 and the case was adjourned to 25.3.2003, on which date both the parties were present and Jagdish Chand took the stand that he had not blocked the drain. The petitioner was asked to produce witness on 9.4.2003. On 9.4.2003 Gian chand was present but Jagdish Chand was not present, he had sent an application for adjournment and therefore, the case was adjourned to 25.4.2003. On 25.4.2003, both the parties were present and evidence was recorded. Jagdish Chand refused to bring any witness. On 25.4.2003 Panchayat also visited the spot.