DHARAM SINGH SON OF SH. SHIBRATU RAM, RESIDENT OF VILLAGE MORSU Vs. SUB DIVISIONAL OFFICER(C), EXERCISING THE POWERS OF COLLECTOR

JUDGEMENT

(1.) THE petitioner feeling aggrieved and dissatisfied with the orders Annexure P -5 dated 10th April, 2006, Annexure P -7, dated 24th May, 2006 passed by the 2nd respondent and Annexure P -8 dated 5th September, 2006 passed by the 1st respondent, has approached this Court by way of present writ petition for setting aside the same. The impugned orders have been passed by the 1st and 2nd respondents against the petitioner, consequent upon a complaint Annexure P -1 made against him by respondents No. 3, 5 & 6 and Sh. Baldev Singh, the predecessor of respondents No. 4a to 4d. The legality and validity of the impugned orders has been questioned on the grounds inter -alia that keeping in view the nature of the dispute between the parties qua the user of so called path could have only been determined by a Civil Court having jurisdiction over the matter, therefore, 1st and 2nd respondents should have not entertained the complaint made by respondents No. 3 to 7 and passed the impugned orders. The impugned order Annexure P -5, whereby the petitioner has been directed to remove the bricks and open the path and Annexure -P -7, imposing a sum of Rs. 25/ -, as fine upon the Petitioner are stated to be illegal and without any jurisdiction vested in 2nd respondent. Similarly, the impugned order Annexure P -8 passed by the 2nd respondent in an appeal preferred by the petitioner against the impugned orders Annexure P -5 and Annexure P -7 are also stated to be wrong illegal and without any jurisdiction.

(2.) THE respondents though were put to notice of this writ petition however, it is only the 1st respondent who has put in appearance and filed reply whereas respondents No. 2 to 6 opted not to put in appearance and contest the petition despite service.

(3.) IT will be seen from the record that 2nd respondent has passed the impugned order Annexure P -5 as per provisions contained under Section 12 of the H.P. Panchayati Raj Act, 1994 which reads as under: - Power of removal of encroachments and nuisance. -(1) A Gram Panchayat, on receiving a report of other information and on taking such evidence, if any, as it thinks fit, my make a conditional order requiring, within a time to be fixed in the order - (a) The owner or the occupier of any building or land - (i) to remove any encroachment on a public street, place or drain; xxxxx xxxxxx