NABU MIR Vs. SESSIONS JUDGE, JAMMU

JUDGEMENT

(1.) THIS is a petition under Art. 103 of the Constitution of Jammu & Kashmir for the issue of a writ quashing the order of the Sessions Judge Jammu dated 19 -9 -62. The facts that have given rise to this petition are as under.

(2.) ONE Nabu Mir son of Churu of village Kursadi Tehsil Bhadrawah brought a complaint against Kamar Din and others on 6th June 1962 before the Panchayat Kursadi Tehsil Bhadrawah, alleging that the accused in that case had blocked a public way and that proper action be taken against the accused persons. The Panchayat by its order dated 4 -7 -62 ordered the accused (by means of an ex -parte order) to remove the obstruction of the road and keep the road 4 feet wide. The accused were fined Rs. 5 under the Panchayat Act and a recurring fine of Re. 1 per day till the removal of the obstruction. Against this order of the Panchayat Kamar Din came up in appeal before the Sessions Judge Jammu.

(3.) THE learned Sessions Judge Jammu by means of his order dated 19 -9 -62 set aside the order of the Panchayat. Against this order of the Sessions Judge the present writ has been filed by Nabu Mir.