Bedi, J. - (1.) THIS petition by Ram Singh under Article 227 of the Constitution of India seeks to set aside the order dated the 1st May, 1961 of Respondent No. I, the Gram Panchayat of village Wara Darraka, Tehsil Faridkot, and the order dated the 24th June 1962 of Respondent No. 2, the Sub -Divisional Magistrate, Faridkot, passed in revision.
(2.) IN the petition it is alleged that the Petitioner is a displaced person from Bahawalpur State and was allotted land in village Warra Darraka in lieu of the land held by him in Pakistan. He had also been allotted houses No. 30(sic) /1, measuring 20 square yards and No. 33, measuring 379 square yards, in the abadi of village Wara Darraka, in lieu of the rural residential property left by him in Bahawalpur State, vide the order of the Tehsildar -cum -Managing Officer, Faridkot, dated the 14th February 1961 {copy attached as annexure 'A' to the petition). It is stated that he took over possession of these houses more than 12 years back and was continuously in possession of the same since then. He roofed a portion of house No. 33 towards the western side, but on the complaint of Bishan Singh Respondent No. 3, the Gram Panchayat of his village held, vide its order dated the 1st May 1961, that the place over which the said roof had been constructed was a public thoroughfare and accordingly fined the Petitioner Rs. 25/ - with a further direction to pay Ke.1/ - per day till the continuance of the offence. It was also ordered that the said structure should be pulled down by Respondent No. 1 itself at the cost of the Petitioner in case the latter did not voluntarily raise it to the ground. Against this order the Petitioner went up in revision which was dismissed on the 24th June 1962 by Respondent No. 2; hence the present petition. It is alleged that the order of Respondent No. 1, dated the 1st May 1961, is ultra vires, illegal unjust and arbitrary for the various reasons given in the petition, inter alia, that Respondent No. 1 did not take the evidence of the Petitioner, rather it approached the whole case with a pre -conceived and biased mind because Jagir Singh Sarpanch, Kartar Singh and Harbans Singh Pinches had animus against him. Against Jagir Singh Sarpanch it is alleged that Kartar Singh, brother of the Petitioner, had instituted a suit under Section 12 of the Redemption of Mortgaged Lands Act against Bhola Singh, father of Jagir Singh Sarpanch, and others, and that litigation went up to the High Court. Again Budha Singh and Puran Singh of this village sold some land to Bhola singh above -mentioned, and the Petitioner and his brother Kartar Singh instituted a suit for pre -emption to pre -empt this sale. Then it was alleged that father of Jagir Singh Sarpanch had taken possession of house No 33/1 and made it a part of his own house by dismantling the intervening wall. Jagir Singh Sarpanch wanted to get a passage for this house from house No. 33 owned by the Petitioner. Thus to grind his own axe, he had put forth Respondent No. 3 as the complainant and he himself acting as the judge had tried to harm the Petitioner in every conceivable way open to him.
(3.) AGAINST Kartar Singh Panch it was alleged that the Petitioner had a criminal litigation with him. A copy of the judgment in that case forms annexure 'F' to the petition, and is dated the 27th April, 1961.;