Jagtar Singh v. State Of Punjab And Others

CWP-PIL No.81 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP-PIL No.81 of 2025 Date of decision : 21.4.2025 Jagtar Singh .............Petitioner

Versus

State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Prateek Mahajan, Legal Aid Counsel and Mr. Daanish Mahajan, Advocate, for the petitioner Mr. Salil Sabhlok, Senior DAG, Punjab --- SHEEL NAGU, CJ. (ORAL) 1.

This is a public interest litigation (PIL) praying for a direction to the State of Punjab to take suitable action against the former Sarpanch, Gram Panchyat Naraina-respondent no.2 and also against the former Sub Division Officer, Water Supply Department, XEN Office, District Fatehgarh Sahib-respondent no.4, for causing damage and destruction to public property and siphoning of school funds belonging to Gram Panchayat Naraina.

2.

The petitioner had submitted a complaint dated 25.8.2021 (Annexure P-4) to the Deputy Commissioner who marked it to the District Development and Panchayat Officer (DDPO), who in turn directed the Block Development and Panchayat Officer (BDPO) to conduct an enquiry. Enquiry was conducted and report was submitted in July 2023 to Ashwani Kumar 2025.04.22 17:06 I attest to the accuracy and integrity of this document

CWP-PIL No.81 of 2025 -2the DDPO, who is competent authority under Section 200 of the Punjab Panchayati Raj Act, 1994.

3.

The grievance of the petitioner is that no action thereafter has been taken at the level of DDPO. Hence, the issue involved relates to alleged allegations of construction of certain toilets which involves disputed questions of fact, which ought not to be gone into while exercising writ jurisdiction of this Court.

However, looking to the fact that enquiry report has already been submitted, this Court deems it appropriate to direct the District Development and Panchayat Officer, Fatehgarh Sahib to take a considered decision on the said report of the BDPO dated 25.4.2023 by applying his mind and pass a speaking order and communicate the same to the petitioner within a period of 60 days.

4.

Disposed of.

(SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) JUDGE 21.4.2025 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2025.04.22 17:06 I attest to the accuracy and integrity of this document