SUSHIL KUMAR Vs. SHAM KUMAR & OTHERS

JUDGEMENT

(1.) Under Annexure P-2, one Kamla Devi, for herself besides for her son one Sham Kumar, claimed from petitioner Susheel Kumar, also her son, a share in the rental(s) received by the latter from M/s Bharti Televenture Limited, in respect of the latter raising a tower upon land jointly owned and possessed by the claimants/respondents herein and by the petitioner herein. On hearing the parties at contest, the Gram Panchayat concerned proceeded, to, record an order on 21.07.2012, in respect of apposite conjoint entitlement(s) of the claimants vis-a-vis "rental(s)<' received by the petitioner herein from M/s Bharati Televenture Limited, in respect of the towner erected upon the land comprised in khasra No.3303.

(2.) The learned counsel appearing for the petitioner has contended that the order pronounced by the Gram Panchayat concerned, being vitiated with a stain of, its, infracting the principle of natural justice, especially when the petitioner herein was, not, heard nor obviously was given any opportunity to project his stand before the Gram Panchayat concerned. However, the aforesaid submission is not valid, given a perusal of the relevant proceedings, held by the Gram Panchayat concerned upon the petition at hand, making a vivid disclosure, of, the petitioner herein being summoned by the Gram Panchayat concerned, whereafter, he proceeded to record his presence before the Bench of the Gram Panchayat concerned. Consequently, the f recorded on 21.07.2012 by the Gram Panchayat concerned, is, not stained with the aforesaid vice. The aforesaid order(s) was/were sustained/affirmed by the learned Civil Judge, (Sr. Division), Court No.1, Amb. The objection aforesaid reared therebefore by the petitioner herein also, stood, for valid alike herewith reasons, hence, rejected by the aforesaid.

(3.) The learned counsel appearing for the petitioner has alluded to the provisions occurring in Section 41, of, The Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the Act), provisions whereof stand extracted hereinafter:-