An order passed without jurisdiction is a nullity and need not be challenged. The court also clarified the jurisdiction of the Gram Panchayat and subsequent courts in adjudicating private disputes over immovable property.

SANDEEP SHARMA, J.

1. By way of present petition filed under Art. 227 of the Constitution of India, petitioner, while raising an important question with regard to competence of a Gram Panchayat to adjudicate a dispute inter se two individuals with regard to encroachment over private land, has laid challenge to order dated 18.10.2016 (Annexure P-5) passed by the learned Sub Divisional Magistrate, Tehsil Barsar, District Hamirpur, Himachal Pradesh, in Case No. 5 of 2015 and order dated 7.7.2010 (Annexure P-1) passed by the Gram Panchayat, Sour, Tehsil Barsar, District Hamirpur, Himachal Pradesh.

2. For having a bird’s eye view, facts in brief, as emerge from the record are that respondent No.3, Gram Panchayat, Sour, taking cognizance of a complaint having been filed by respondent No.4, to the effect that the petitioner has encroached upon certain portion of his private land, initiated proceedings for encroachment against the petitioner, under the provisions of Himachal Pradesh Panchayati Raj Act, 1994. Careful perusal of order dated 7.7.2010, passed by Gram Panchayat, Sour, respondent No.3, suggests that the demarcation of the land in dispute was got conducted by the Panchayat itself in the presence of the parties, wherein, allegedly, petitioner agreed to vacate the land encroached upon by him. Since, despite assurance having been given by petitioner, he failed to vacate the encroachment, Gram Panchayat, Sour passed an order dated 7.7.2010, whereby it directed the petitioner to remove Palli from the land of respondent No.4, within a period of 30 days. Perusal of impugned order referred to herein above, further reveals that the Gram Panchayat imposed a penalty of Rs.10/- under Ss. 180 and 228 of the Act ibid.

3. Aggrieved with the passing of order dated 7.7.2010, petitioner preferred an appeal in the court of learned Judicial Magistrate 1st Class Barsar, District Hamirpur, Himachal Pradesh under S.67 of the Act, however, the fact remains that the same was partly allowed, whereby order dated 7.7.2010 passed by Gram Panchayat, Sour, to the extent of imposition of fine to the tune of Rs.10/- upon the petitioner, was set aside, whereas remaining order was upheld. It is also not in dispute that against aforesaid order passed by the Judicial Magistrate 1st Class, Barsar, petitioner has not filed any appeal or any other proceedings in any court of law.

4. In the year 2015, respondent No.4 filed an application (Annexure P-3) under S.71 of the Act ibid in the court of learned Sub Division Collector-cum-Sub Divisional Magistrate, Barsar, District Hamirpur, Himachal Pradesh, praying therein for execution/implementation of order dated 7.7.2010 passed by the Gram Panchayat Sour, Tehsil Barsar, District Hamirpur, Himachal Pradesh. Learned Sub Divisional Magistrate, Barsar, vide order dated 18.10.2016 (Annexure P-5) allowed the aforesaid application and directed the Gram Panchayat concerned to execute the order dated 7.7.2010. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for setting aside order dated 7.7.2010 passed by Gram Panchayat Sour (Annexures P-1), order dated 4.1.2012(Annexure P-2) passed by Judicial Magistrate 1st Class Barsar in Panchayat Appeal No. 04/2010 and order dated 18.10.2016(Annexure P-5) passed by Sub Divisional Magistrate, Barsar, District Hamirpur, Himachal Pradesh in Case No. 05/2015, being illegal, without any jurisdiction and contrary to the provisions of law.

5. I have heard the learned counsel for the parties and gone through the record carefully.

6. Having heard the learned counsel representing the parties and perused the various provisions contained under the Act ibid, this court is persuaded to agree with the contention of Mr. Romesh Verma, learned counsel representing the petitioner that order dated 7.7.2010 (Annexure P-1) passed by Gram Panchayat Sour on the complaint of respondent No.4, is without any jurisdiction or authority. There appears to