GANPAT LAL Vs. GRAM PANCHAYAT GUDA

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution.

(2.) THE petitioners Ganpatmal, Pratap Ram, Jiwan Ram and Mst. Tijuri widow of Shamboo Ram have come to this Court by petition, dated 9th September, 1957, on the allegations that there is a plot of agricultural land situate in village Khakhardi Khasra No. 91 measuring 119 Bighas and 19 Biswas of which they held a Parcha in their name. It is alleged that the non-petitioner Man Mal lodged a complaint before the Gram Panchayat, Guda which is the Gram Panchayat for Khakhardi also) that the petitioners Nos. 1 to 3 and Shamboo Ram deceased had obstructed the flow of rain water into the village tank by cultivating a portion of the land which was a Nala. It was alleged that the water flowed through this Nala into the tank and supplied water for drinking purposes for the cattle. THE three petitioners and Shamboo Ram denied the existence of the Nala or of the tank and further denied any obstruction to the water course. THE Gram Panchayat by order of 9th September, 1956 held that the matter was one which they were competent to deal with under sec. 24 (1) of the Rajasthan Panchayat Act and directed the three petitioners and Shamboo Ram to clear off the Nala so as to remove the obstruction in the flow of water. THE matter was again considered by the Panchayat and the evidence of the parties was recorded and it was finally ordered on 3rd February, 1957, that each of the three petitioners and Shamboo Ram should pay a fine of Rs. 25/- each for having obstructed the flow of water to the tank and directed them to clear off the Nala within seven days failing which they would be further liable to a fine of Re 1/- per day after the expiry of seven days. THE petitioners tried to obtain the Parcha for the land covered by the Nala but for various reasons which it is not possible to follow. THE judgment of the Assistant Record Officer was that no Parcha was necessary to be issued. On appeal by Man Mal, the Record Officer said that as no Parcha was issued, no appeal was necessary. Be that as it may, the petitioners filed an appeal to the Tehsil Panchayat against the order of the Gram Panchayat. I he Tehsil Panchayat maintained the order so far as it directed the petitioners to clear off the obstruction in the passage of the water into the Nala, but reduced the fine to Rs. 15/- each This judgment is dated 3rd February, 1957.