RAMDHAN Vs. TEHSIL PANCHAYAT JODHPUR

JUDGEMENT

(1.) THIS is an application for writ under Article 226 of the Constitution by Ramdhan and others against an order of the Gram Panchayat, dated the 8th June, 1956 by which it directed the petitioners to remove a large heap of rubbish (Ukardi), presumably in their Mohalla, and imposed fine of Rs. 15/- on each of them for their failure to have done so within the time allowed. A further fine of rupee one per day was imposed on the petitioners until they obeyed the order.

(2.) THE petitioners' case is that a notice was served on them for the first time by the Gram Panchayat on the 9th of May, 1956 in which it was stated that the petitioners had not appeared in compliance with an earlier notice, dated the 11th of April, 1956 to show cause why a direction be not given to them to remove the Ukardi in question and, therefore, they were now required under clause (xi) of sec. 26 to remove the 'ukardi' within a period of fifteen days from the date of the notice, in default whereof further action would be taken against them. It appears that as the petitioners did not carry! out the order which was passed against them, a further order dated the 8th of June, 1956 imposing a fine as stated above was passed against them. THE petitioners' grievance is that the notice, dated the 11th of April, 1956 referred to in the order of the village Panchayat dated 9th May, 1956 had never been served on them and, therefore, they had no occasion to show cause why they could not be called upon to remote the 'ukardi'.