Himachal Pradesh High Court
Smt. Kamira Devi And Another vs Munshi Ram And Others on 25 May, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CrMMO No. 182/2009Reserved on May 24, 2016 Decided on May 25, 2016 .
____________________________________________________________ Smt. Kamira Devi and another ...........Petitioners Versus Munshi Ram and others ..........Respondents ____________________________________________________________ Coram:
of Hon'ble Mr. Justice Rajiv Sharma, Judge Whether approved for reporting? 1yes. For the Petitionersrt : Mr. Sunil Chuahan, Advocate.
For the Respondents :
Mr. Parmod Thakur, Additional
Advocate General, for the
respondent-State.
____________________________________________________________ Rajiv Sharma, Judge(oral) This petition has been preferred against Order dated 8.8.2005 passed by the Gram Panchayat, Sarehari Tehsil Nadaun, District Hamirpur, Himachal Pradesh .
2. "Key facts" necessary for the adjudication of the present petition are that the respondent No. 2 has imposed a fine of `5/- (` 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 `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 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 20:26:34 :::HCHP 2appeal was permitted to be withdrawn with liberty reserved to the petitioner to bring fresh legal action, on 14.10.2008.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.
3. The fine was imposed upon the petitioners by the of 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 Petitioners filed an appeal in the wrong forum which was permitted to be withdrawn vide Order dated 14.10.2008.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 rt 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.
4. Accordingly, there is no merit in the present petition and the same is dismissed, so also the pending applications, if any.
(Rajiv Sharma) Judge May 25, 2016 (vikrant) ::: Downloaded on - 15/04/2017 20:26:34 :::HCHP