CHANAN SINGH Vs. NARDU DEVI

JUDGEMENT

(1.) THE petitioner being aggrieved by the order dated 12.12.2000 passed by the learned Chief Judicial Magistrate, Kullu, whereby the appeal of the petitioner against the order dated 24.5.1997 passed by the Gram Panchayat enhancing the maintenance of the respondents has been dismissed, has preferred the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") and under Article 227 of the Constitution of India.

(2.) THE brief facts leading to the presentation of the present petition are that the respondent filed an application under Section 125 of the Code in the Court of the learned Chief Judicial Magistrate, Kullu claiming maintenance from the petitioner. The said application was allowed and monthly maintenance at the rate of Rs. 225/ in favour of respondent No. 1 and Rs. 125/ in favour of respondent No. 2 was allowed. After about 9 10 years of the order of awarding the aforesaid maintenance, respondents filed an application under Section 127 of the Code for enhancement of the maintenance in the Court of the learned Chief Judicial Magistrate, Kullu. He transferred the application to the learned Additional Chief Judicial Magistrate, Kullu, who sent the same to the concerned Gram Panchayat for disposal. The concerned Gram Panchayat vide its under dated 24.5.1997 enhanced the maintenance payable to respondent No. 1 to Rs. 500/ per month. However, no enhancement was made insofar as respondent No 2 is concerned. Feeling aggrieved, the petitioner preferred an appeal in the Court of the learned Chief Judicial Magistrate, Kullu who dismissed the said appeal by the impugned judgment.

(3.) A preliminary objection was raised by the learned Counsel for the respondents regarding the maintainability of the present petition on the ground that the impugned order by virtue of the provisions of H.P. Panchayati Raj Act has become final between the parties and no appeal or revision, etc. lies against such an order.