KISHORE SINGH Vs. TEHSIL PANCHAYAT BARMER

JUDGEMENT

(1.) THIS is a writ application by Kishore Singh and Rawat Umed Singh under Art. 226 of the Constitution of India.

(2.) THE petitioners' case is that in village Balau there is a field Khasra No. 216/10 known as Jogasar and that it is a Khudkasht field of petitioner No. 2 Rawat Umed Singh. He holds a "khudkasht Parcha" in respect of the said field. Petitioner No. 1 is in the service of the petitioner No. 2* and he is cultivating the field in dispute in the capacity of the petitioner No. 2's employee. THE petitioner proceeds to say that on 29. 7. 57, non-petitioner No. 3 Karna filed an application before the Gram Panchayat Ranigaon to the effect that the land in dispute was a Gochar land, that the petitioners had started cultivation of that land and cutting the trees and that they should be restrained from cultivating the said field. On the presentation of the said application, the Gram Panchayat, non-petitioner No. 2, passed an order dispossessing the petitioner No. 1 and further imposing upon him a fine of Rs. 15/ -. Aggrieved by this decision dated 1. 9. 57. petitioner No. 1 preferred an appeal to the Tehsil Panchayat, non-petitioner No. 1, On 7. 10. 57, the Tehsil Panchayat accepted the appeal and remanded the case for enquiry. Even after remand, the Gram Panchayat held by its decision dated 16. 2. 58, that the field in dispute was Gochar land and it again imposed a fine of Rs. 15/ -. THE petitioners again went in appeal to the Tehsil Panchayat, but their appeal was dismissed on 2. 8. 59. THE petitioners now seek to challenge the validity of the said decisions by this application.