S.S.GREWAL,J - (1.) THIS revision petition is directed against the order of Judicial Magistrate Ist Class, Fatehgarh Sahib, dated 10th of December, 1988, whereby it was held that the order of the Gram Panchayat was illegal and the same cannot be executed.
(2.) IN brief, facts relevant for the disposal of this petition are, that Gram Panchayat, Kalaundhi, imposed a fine of Rs. 500/- under Sections 21/23 of the Gram Panchayat Act, 1952, upon the present respondent. An application under Section 48 of the said Act to execute the said order was moved before the learned Magistrate, who, on the basis of Division Bench authority of this court reported as Naurang Lal v. The Gram Panchayat of village Gujrawas, 1964 P.L.R. 28, held that the Gram Panchayat has no power to impose prospective recurring penalty at the stage of first conviction for the breach. In such a case, course to be adopted by the Panchayat is to summon the offender from time to time if he has not removed the encroachment and continue imposing on him the recurring fine as and when it becomes due, and prescribed in the section. The aforesaid Division Bench authority was overruled by Full Bench of this Court in Subh Ram and others v. Gram Panchayat, Dhani Phogat and another, 1986(2) P.L.R. 134, wherein the majority view was "that the disobedience of an order passed under Section 21 of the Act does not amount to an offence in terms of Section 23 thereof, that the order passed under Section 23 is in exercise of administrative jurisdiction, and that under Section 23 recurring fine can legitimately be imposed by Gram Panchayat in anticipation of the subsequent, and continuing, disobedience, of its order." In view of the Full Bench authority it was conceded by the learned counsel for the parties that the learned Magistrate has no jurisdiction to execute the order imposing fine under Sections 21/23 of the said Act. Specific procedure for recovery of such fine has been laid, which is covered by section 85 of the said Act. The Gram Panchayat may if it is so advised, have recourse to remedy provided under Section 85 of the said Act for recovery of fine.
(3.) FOR the foregoing reasons, the impugned order passed by the learned Magistrate is set aside and this revision is allowed to the extent indicated above. Revision allowed.;