Mehrotra, J. - (1.) This is an application under Article 226 of the Constitution praying that an order passed by the Sub-divisional Magistrate, Sardhana," dated the 21st of October, 1955, under the Panchayat Raj Act be quashed.
(2.) The petitioner filed a complaint against the opposite parties under Sections 352 and 427, I. P. C., on the allegation that he had a grove in village, Daulri, which had Kalmi mango and guava plants some six or seven years old and the accused trespassed into the said grove and cut three plants and broke branches of four other trees. The case was transferred to the Nayaya Panchayat and on the 11th July, 1955, both the parties appeared before the Nayaya Panchayat and en that date the complainant and his witness were examined. Thereafter 14th of July, 1955, was fixed for local inspection and 18th of July, 1955 was fixed for the next hearing of the case. On 18th July, 1955 some more prosecution Witnesses were examined and on 25th July, 1955 the accused and the witnesses were examined. On 1st of August, 1955 judgment was delivered and the accused were found guilty and sentence of fine was passed against them. At the time of the delivery of the judgment all the three panches were not present; only two of the panches were present but the signatures of all the three panches were present on the judgment. On revision the Sub-divisional Magistrate set aside the order of the Nyaya Panchayat dated the 1st August, 1955 on the ground that one of the panches was not present on the date on which judgment was pronounced although signatures of all the three panches were obtained on the judgment. It is this order of the Sub-divisional Magistrate which has been challenged by means of this writ petition.
(3.) The main contention raised by the counsel for the petitioner is that the trial was held by three panches but it was the pronouncement of judgment which was done by only two panches, There was no violation of the provisions of the Panchayat Raj Act and thus the order of the Sub-Divisional Magistrate was illegal.;