CMPMO No. 449/2009 30.10.2009 Present: Mr. M. S. Guleria, Advocate, for the petitioner. Mr. Ramakant Sharma, Advocate, for the respondent. The parties are present in the Court. An endeavour was made to amicably resolve the dispute. However, due to the adamant stand taken by both the parties, inspite of best endeavour made by the learned counsels, the matter could not be resolved amicably. The efforts put in by the learned counsel for the parties are highly appreciable. Shri Majnu Ram has filed the present petition assailing the order dated 23.10.2008 passed by the Sub Divisional Officer (C), exercising his powers of Collector, Sub Division, Barsar, Distt. Hamirpur, H.P. in Case No.26/2007 titled as Paras Ram vs. Majnu Ram. In the impugned order, the Collector while allowing the appeal filed by Shri Paras Ram has set-aside the order dated 24.8.2007 (wrongly mentioned as 22.8.2007) passed by the Gram Panchayat, Lohdar, Tehsil Barsar, Distt. Hamirpur. The challenge herein, inter alia, is on the ground that the appeal filed by Shri Paras Ram was not maintainable as the same ought to have been filed before the Civil Judge concerned as envisaged under the provisions of Section 67 of the H.P. Panchayati Raj Act (hereinafter referred to as ‘the Act’). The Act provides complete machinery for adjudication of the disputes at various levels. The competent authority constituted under the Act to hear the appeal is not the Sub Divisional Officer but the Civil Judge. As such, the appeal filed before the authority below was not maintainable. The authority has exceeded its jurisdiction in entertaining the appeal and deciding it on merits as he was lacking competence. As such, the impugned order dated 23.10.2008 is set aside. The authority below is directed to return the appeal to Shri Paras Ram within a period of four weeks from today to enable him to file it before the appropriate Court, in accordance with law. The petition is disposed of. ( Sanjay Karol ), Judge. October 30, 2009 (rana)