Mehrotra, J. - (1.) THIS is a petition under Art. 2?6 of the Constitution praying that the order dated the 20th December, 1953, passed by the Panchayati Adalat be quashed. An application was made by the opposite -party No. 3 before the Panchayati Adalat alleging that towards the side of the house of the complainant the room of the accused stood and the complainant was put to great harm. The water from the roof of the accused shed fell on the wail which belonged to the complainant and damaged the wall. In order to close the drain of the complainant the accused extended their shed and started trying their cattle.
(2.) ON these facts the accused were tried u/s. 446, I. P. G. On 17th December, 1953 two of the panches, Anant Bahadur Singh and Nakched Singh passed an order. It is necessary to quote the operative portion of that order which reads as follows: Therefore, after acquitting the accused the cases are shelved On 20th December, 1953, three of the panches convicted the applicants under Sec. 447, I. P. C. and fined Rs. 75 each. A revision was filed against the aforesaid order which was rejected by the S. D. M. In the present petition two points have been urged. Firstly, it is contended by the petitioners that the provisions of Sec. 95 of the Panchayat Raj Act were not complied with in this case, inasmuch as the accused were not examined. It is stated in the affidavit filed in support of the petition that the accused were not examined in this case. This statement in the affidavit finds support from the observations of the S. D. M. in his order where he has remarked that the accused were no doubt not examined in the case but it has not prejudiced the case of the accused. This fact has not been controverted by any counter affidavit. I must, therefore, accept that it is true. There was, therefore, no compliance with the provisions of Sec. 95 (3).
(3.) SECONDLY , it is contended by the petitioners that, after the applicants had been acquitted by the Panchayati Adalat, it was not open to the Adalat to reopen the matter and convict the applicants. Sec. 73, clause 2 of the Act provides that: Where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, no Panchayati Adalat shall take cognizance of any such offence or on the same facts of any other offence of which the accused might have been charged or convicted.;