POONA Vs. TEHSIL PANCHAYAT DESURI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution and discloses the extent of the illegality that can be committed by the Tehsil Panchayats and the Executive officers of the State.

(2.) THE petitioner Poona made an application to the Gram Panchayat of Dadai. Tehsil Desuri on 27th May, 1956. that he was in possession of a house in village, Dadai, the boundaries whereof were - (a) On the left side while entering the house; house of Mahajan Himmat Mal. (b) On the right side while entering the house; house of Pratapmal Bhootaji. (c) On the back of the house; house of Pratapmal Bhootaji. (d) Towards the door; public way. THE prayer was that the Patta be granted to him. THE application was made under the Panchayat General Rule 37 (A) (18 ). Lakhma, Shivlal and Kesa objected and claimed that the house belonged to them and Patta should not be granted to Poona. THE Gram Panchayat after enquiry passed an order on 12. 1. 57 that Poona was in possession for above 57 years and the Patta be granted under the aforesaid rule. Lakhma, Shivlal and Kesha filed an appeal to the Tehsil Panchayat Desuri. THE Tehsil Panchayat by order of 7th September, 1957 came to the finding that a Patta for the land of the house had already been obtained by the appellants from Thikana Beda and therefore Poona was not entitled to a fresh Patta being granted to him. THE Tehsil Panchayat further gave a finding that Poona respondent had been given possession over the house by an ancestor of the objectors Lakhma, Shivlal and Kesa and ordered that Poona should handover the possession of the house to the appellants. A direction was given to the Gram Panchayat for compliance of this order. Poona, however, sold the house on 23. 10. 58 to Ganeshmal, petitioner No. 2.