INDERJEET SINGH, J. - (1.) This writ petition has been filed by the petitioner with the following prayers:- "(i) by an appropriate writ, order or direction, the impugned orders dated 5.5.2003 (Annex-6) 5.12.2003 (Annex-8), passed by the Gram Panchayat Surera and the recovery notice dated 17.6.2004 (Annex-9),issued by the Tehsildar Dataramgarh be quashed and set aside. (ii) or any other impugned order, if passed during the pendency of the writ petition, against the rights and interest of the petitioner, the same may kindly be taken on record and be also quashed and set aside (iii) or any other appropriate relief may kindly be granted to the petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present Case (iv) The cost of the litigation may kindly be awarded to the petitioner. "
(2.) Brief facts of the case are that on 20.10.1980, the Gram Panchayat, Surera, Panchayat Samiti Dataramgarh, District Sikar (to be referred as Gram Panchayat) passed a resolution imposing penalty upon the petitioner of Rs.10/- per day w.e.f. 01.04.1980 for removing the encroachment in front of his house. The resolution dated 20.10.1980 was challenged by the petitioner before the District Collector, Sikar by filing a revision petition under Section 97 of the Panchayat Raj Act, 1994. The Learned District Collector vide judgment dated 13.03.2003 allowed the revision petition filed by the petitioner and quashed the resolution dated 20.10.1980 passed by the Gram Panchayat and the matter was remanded back to the Gram Panchayat to pass a fresh order after hearing the petition. Thereafter, the Gram Panchayat again issued a notice dated 20.04.2003 to the petitioner asking him to submit documents regarding the disputed land, in response thereto the petitioner on 24.04.2003, sent a registered letter to the Gram Panchayat, Surera mentioning therein that the petitioner is having clear vision to see and is unable to come to the Gram Panchayat on 05.05.2003 in response to the notice dated 20.04.2003 as his both sons are living in the village and requested for an adjournment in the matter. The said application was sent to the Gram Panchayat by the registered post. However, the Sarpanch Gram Panchayat refused to take the said registered letter and the same was sent back to the petitioner vide endorsement dated 29.04.2003 (Annexure-V) by the Postal Department by mentioning that the Sarpanch Gram Panchayat has refused to take the said letter. Thereafter, the Gram Panchayat vide resolution dated 05.12.2003 again imposed a penalty of Rs.10/- per day for removing the said encroachment by the petitioner and in pursuance to the said resolution, the Tehsildar Dataramgarh issued a notice to the petitioner for recovery of an amount of Rs.236795/- under Section 227, 228 and 229 of the Rajasthan Land Revenue Act, 1956. Aggrieved by the resolution passed by the Gram Panchayat dated 05.12.2003 and the notice issued by the Tehsildar Dataramgarh dated 17.06.2004, the petitioner filed the present writ petition.
(3.) Counsel for the petitioner submits that the resolution dated 05.12.2003 has been passed by the Gram Panchayat without providing opportunity of hearing to the petitioner and therefoare the same is in violation of principle of natural justice. Counsel further submits that in response to the notice dated 20.04.2003 issued by the Gram Panchayat, the petitioner has submitted an application seeking time to submit the documents before the Gram Panchayat with regard to disputed land and the said application was sent through registered post (Annexure-V) but the Sarpanch Gram Panchayat has refused to take the said letter and the Postal Department has sent the same back to the petitioner on 29.04.2003 (Annexure-V). Thus counsel submits that the proceedings initiated by the Gram Panchayat is arbitrary, illegal and against the principal of natural justice and the resolution has been passed without providing opportunity of hearing to the petitioner.;