SAJJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the following prayers:-

(2.) Brief facts of the case are that on 20.10.1980, the Gram Panchayat, Surera, Panchayat Samiti Dataramgarh, District Sikar (to be referred as Gram Panchayat) passed a resolution imposing penalty upon the petitioner of Rs.10/- per day w.e.f. 01.04.1980 for removing the encroachment in front of his house. The resolution dated 20.10.1980 was challenged by the petitioner before the District Collector, Sikar by filing a revision petition under Section 97 of the Panchayat Raj Act, 1994. The Learned District Collector vide judgment dated 13.03.2003 allowed the revision petition filed by the petitioner and quashed the resolution dated 20.10.1980 passed by the Gram Panchayat and the matter was remanded back to the Gram Panchayat to pass a fresh order after hearing the petition.

(3.) Counsel for the petitioner submits that the resolution dated 05.12.2003 has been passed by the Gram Panchayat without providing opportunity of hearing to the petitioner and therefoare the same is in violation of principle of natural justice. Counsel further submits that in response to the notice dated 20.04.2003 issued by the Gram Panchayat, the petitioner has submitted an application seeking time to submit the documents before the Gram Panchayat with regard to disputed land and the said application was sent through registered post (Annexure-V) but the Sarpanch Gram Panchayat has refused to take the said letter and the Postal Department has sent the same back to the petitioner on 29.04.2003 (Annexure-V). Thus counsel submits that the proceedings initiated by the Gram Panchayat is arbitrary, illegal and against the principal of natural justice and the resolution has been passed without providing opportunity of hearing to the petitioner.