BANSILAL Vs. GRAM PANCHAYAT CHHOTI KHATU

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution. According to the facts mentioned in the petition, the petitioner Banshilal of Chhoti Khatu, Tehsil Did-wana had purchased some house property from Sanwalram Tiwari on the 28th September, 1956. In April, 1957, Binshilal started building on land in front of his house which he alleged was included in the sale-deed. Non-petitioners Zorawarchand and Doongarmal and Bhomraj of the same village made an application to the Gram Panchayat on the 27th April, 1957, that the land on which Banshilal was trying to build was an open land used as a passage for the houses opening on the said land, and that if Banshilal would make a construction, then there will be inference in the enjoyment of their properties. The Gram Panchayat gave a notice to Banshilal and made enquiry, and came to the conclusion that the open land in front of the house of Banshilal where he wanted to build was part of public place used for the way to the houses opening on the said land. An order was passed on the 9th May, 1957, by the Gram Panchayat that Banshilal should remove all encroachment on the open land within 24 hours and in particular remove the stone slabs fixed in the land. A further direction was made that in case of default, the stone slabs will become the property of the Panchayat, and that in any case the stones and the pattis will be removed at the expense of Banshilal. Banshilal filed an appeal in the Tehsil Panchayat. The Tehsil Panchayat made further inquiries and concurred with the Gram Panchayat that the open land beyond the Chabutari of the house of Banshilal was public land and that any encroachment by Banshilal would interfere with the passage over that land to the various houses opening on it. An order was made that Banshilal should remove all stones and the new construction made by him. A further rider was added that so long as Banshilal would not remove this encroachment, he would be liable to a penalty of Re. 1/- per day. THIS order was passed on the 5th August, 1957. Banshilal has come to this Court by this writ petition which was filed on the 17th August, 1957.

(2.) IT was contended on behalf of the petitioner that the Panchayat had no power to deal with a case of disputed title and that in any case the Tehsil Panchayat had no jurisdiction to impose a penalty for non-removal of the Chabutari and the stone slabs newly constructed by the petitioner.