VIJERAM Vs. ONKAR

JUDGEMENT

(1.) By this order it is proposed to dispose of the above mentioned two revision petitions against the orders of the Additional Collector, Udaipur, dated the 7th June, 1963 in appeals Nos. 62/63 and 64/64 filed against the orders of the Panchayat Amarpura dated the 16th January, 1962, as they relate to the same cause of action and involve the same legal points. These petitions arise from the following facts - -

(2.) An application was filed by the non -petitioner, Onkar etc. before the Panchayat to the effect that considerable damage was being caused to their farms by the obstruction created by the petitioner in the traditional drain which syphoned off surplus rain water from the neighbourhood.

(3.) Similarly, another petition was filed by Magandas etc. that the way leading to their well and the farms had been obstructed by the action of the petitioner who had plugged the traditional drain which was meant to drain off the surplus rain water. The panchayat heard both the parties and inspected the spot. The patwari was also examined and was asked to produce a copy of the settlement map. The Panchayat held that the action of the petitioner had caused disturbance in the enjoyment of the easement available to the non -petitioners without their consent and, therefore, ordered the petitioner to remove the cause of disturbance, and also imposed penalties, by way of fine in both the cases, on him. Aggrieved by these orders, the petitioner filed appeals before the Additional Collector, Udaipur, who upheld the orders of the panchayat with regard to the removal of the cause of distru -bance, but quashed their orders relating to fines as ultra vires of sec. 251 of the Rajasthan Tenancy Act.