IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.344 of 2008. Date of decision: 12.03.2009. Dhian Singh ….Petitioner Versus Baljeet Singh & Others ….Respondents. Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner: Mr.K.S. Banyal, Advocate. For Respondent No.1: Ms.Kiran Lata, Advocate. For Respondent No.3: Ms.Ruma Kaushik, Additional Advocate General. Dev Darshan Sud,J. The petitioner has challenged the order passed by the Sub Divisional Officer (C) exercising the powers of Collector, Sub Division, Barsar, District Hamirpur, dismissing the appeal under Section 15 of the Himachal Pradesh Panchayati Raj Act, 1954, preferred by the petitioner. The factual matrix is not being considered. While disposing of the appeal the Collector notices that by an earlier order dated 30.6.2005, the Collector, Sub Division, Barsar, remanded the case to the Gram Panchayat for decision afresh 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 after affording full opportunities to all the parties. The order also records that the statement of the petitioner herein was recorded on 23.4.2006. The record before the Collector also shows that the appellant Dhian Singh, petitioner herein, did not lead evidence in support of his case, namely producing the copy of the demarcation report etc. In these circumstances, the appeal was dismissed. Learned counsel for the petitioner submits that Gram Panchayat had gone beyond its jurisdiction in determining the title of the petitioner. He also submits that the order of the Gram Panchayat cannot be sustained in view of the judgment of this Court in Sunka Ram vs. Gram Panchayat, Patta & Others, 1984 Sim.L.C.230, which provides that recurring penalty cannot be imposed. The Gram Panchayat, by its decision dated 19.6.2007 has imposed a fine of Rs.5.25 paise and further directed that in case the order is not obeyed, the continuing breach shall invite fine up to the extent of Rs.5000/-. Looking to the order of the Collector, I do not find any illegality. The petitioner has acquiesced in the order passed by the Gram Panchayat and also contested the case after remand. This petition is accordingly dismissed. However, keeping in view the judgment of this Court in Sunka Ram’s case the fine amount is reduced to maximum of Rs.2500/-. No costs. March 12, 2009. (Dev Darshan Sud) (aks) Judge.