ANANT RAM Vs. CHAIRMAN PANCHAYATI ADALAT TEHSIL

JUDGEMENT

(1.) THIS is a petition for issue of a writ of certiorari quashing the order of the Pachayati Adalat, Bhaya, Tehsil. Hiranagar dated 10-8-1966.

(2.) THE facts material for the purpose of this petition are: On 9-8-1964 one Ram Chand filed a complaint before the Panchayati Adalat, Bhaya, alleging therein that Anant Ram and Mulk Rai, petitioner and respondent No. 3 respectively herein, had committed an offence punishable under Section 430. R. P. C. by obstructing the water channel which irrigated his land. On receipt of the complaint, the accused were summoned by the said Panchayati Adalat and after protracted proceedings the Panchavati Adalat, vide its order dated 5-121965, acquitted Mulk Raj but convicted Anant Ram under the aforesaid section of the Ranbir Penal Code and sentenced him to a fine of Rs. 25. Against this order the petitioner went up in appeal to the Sessions Judge, Kathua, who vide his order dated 30-5-1966 upheld the conviction and sentence and dismissed the appeal. As the petitioner did not remove the obstruction a notice again appears to have been issued to him by the Panchayati Adalat to remove the obstruction, and on his refusing to do so, the Panchayati Adalat, vide its order dated 10-8-1966, imposed on him a recurring fine of Rs. 2 per diem till he remove ed the obstruction. Jt is this order which the petitioner has challenged by means of this writ petition.

(3.) NOTICE with regard to this petition was issued to the respondents who have appeared through Shri V. S. Malhotra.