JAGAT NARAYAN, J. - (1.) THIS is a petition under Arts. 226 and 227 of the Constitution against an order of the Panchayat Samiti directing the petitioner to refund the fine, grazing charges and watering charges for the cattle of Hapa respondent No. 1 which were impounded.
(2.) I have heard learned counsel for the petitioner and the learned Deputy Government Advocate and am satisfied that the order of the Panchayat Samiti, which was confirmed by the Collector in revision, is without jurisdiction and must be quashed. The Panchayat Samiti has exercised the power conferred under sec. 22 of the Cattle Trespass Act, l871. Sec. 20 to 22 of that Act run as follows: - "20. Power to make complaints - Any person whose cattle have been seized under this Act, or, having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District. 21. Procedure on complaint - The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal, the substance of it shall be taken down in writing by the Magistrate. If the Magistrate on examining the complai nant or his agent, sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case. 22. Compensation for illegal seizure or detention - If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the catlle. " Under sec. 4 (o) of the Code of Criminal Procedure, "offence" includes any act in respect of which a complaint may be made under sec. 20 of the Cattle-Trespass Act. Under item B of the First Schedule to the Rajasthan Panchayat Act read with sec. 28, a Nyaya Panchayat has concurrent jurisdiction to take cognizance of an offence under the Cattle Trespass Act. No such power has, however, been conferred on the Panchayat Samiti. The Panchayat Samiti Bhoplgarh had no jurisdiction to pass an order of the nature provided under sec. 22 of Cattle Trespass Act. I accordingly allow the writ petition and quash the orders of the Pancha-yat Samiti and the Collector. The fine and the watering and grazing charges shall not be refunded to Hapa respondent No. 1. .;