Kamira Devi vs Munshi Ram

Mr. Rajiv Sharma, J.(Oral)—This petition has been preferred against Order dated 8.8.2005 passed by the Gram Panchayat, Sarehari Tehsil Nadaun, District Hamirpur, Himachal Pradesh .

"Key facts" necessary for the adjudication of the present petition are that the respondent No. 2 has imposed a fine of Rs. 5/- (Rupees Five only) each on the petitioners and fine was ordered to be deposited in the office of Panchayat by 26.8.2005 and if fine was not deposited by the scheduled date, additional fine of Rs. 10/- was to be charged each day. Petitioners feeling aggrieved by Order dated 8.8.2005, filed an appeal on 20.1.2009 in the court of learned Civil Judge (Junior Division), Nadaun, District Hamirpur being Panchayat Appeal No. 1/2009. The appeal was permitted to be withdrawn with liberty reserved to the petitioner to bring fresh legal action, on 14.10.2008. Thereafter, petitioners filed an appeal before the learned Judicial Magistrate 1st Class, Nadaun being Panchayat Appeal No. 1/2009, which was dismissed on 10.8.2009. Hence, this petition.

The fine was imposed upon the petitioners by the Gram Panchayat vide order dated 8.8.2005. Petitioners filed an appeal in the wrong forum which was permitted to be withdrawn vide Order dated 14.10.2008. Petitioners again filed an appeal before the learned Judicial Magistrate 1st Class. It was barred by limitation. The same was dismissed on 10.8.2009. Petitioners ought to have challenged Order dated 10.8.2009 by way of present petition instead of challenging Order dated 8.8.2005 alone rendered by the Gram Panchayat. Order dated 8.8.2005 has merged with Order dated 10.8.2009.

Accordingly, there is no merit in the present petition and the same is dismissed, so also the pending applications, if any.