THUNIA RAM Vs. GAGAN SINGH

JUDGEMENT

(1.) This petition has been preferred under Art. 227 of the Constitution of India for quashing the order dated 24-4-1997 of the Gram Panchayat, Panyali, Tehsil Nadaun, District Hamirpur as contained in Annexure P.1 and that of the Sub Divisional Collector, Nadaun, passed in appeal on 15-9-1997 as contained in Annexure P.2 to the petition.

(2.) The parties are residents of village Baloh, Tappa Galore, Tehsil Nadaun of District Hamirpur. Their houses adjoin each other. The respondent on 9-8-1996 presented a petition before the Gram Panchayat complaining that on old wall belonging to the respondent was standing near the place where he was tethering his buffaloes and that there was every likelihood of the wall falling down and there was a constant danger to his house and buffaloes. He accordingly prayed that immediate directions be issued to the respondent to remove the wall.

(3.) The Gram Panchayat after summoning the respondent inspected the spot, recorded the statement of the parties and purporting to act under Section 12 of the Himachal Pradesh Panchayati Raj Act, 1994, hereinafter referred to as the Act, on 24-12-1996 passed an order directing the respondent to remove the wall in question within a period of one month.