Ashok Kumar & ORS v. State Of Punjab & ORS
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH Civil Writ Petition No.10070 of 2016 Date of Decision: May 20, 2016 Ashok Kumar and others ....Petitioners versus State of Punjab and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE A.B.CHAUDHARI.
--- Present: Mr.Tribhawan Singla, Advocate, for the petitioners. -.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) Out of three petitioners, two are Members Panchayat of village Khanpur Dhadda, Tehsil Nakodar, District Jalandhar. They have challenged the report-cum-order dated 13/17.05.2016 submitted by a team of three officers including the D.D.P.O., Nakodar, B.D.P.O., Nakodar and Naib-Tehsildar, Nakodar. The said report has been submitted in compliance to the directions issued by this Court earlier in CWP No.8367 of 2016 which was disposed of on 03.05.2016.
As per the report, a Community Hall is being constructed by the Gram Panchayat on its own land which is an open area and not reserved for any specific common purpose. It is further averred in the report that the open area is more than 4 kanal, MOHINDER KUMAR 2016.05.27 09:33 I attest to the accuracy and integrity of this document Chandigarh
CWP No.10070 of 2016 [2] out of which only 7 marla land is being used for the construction of Community Hall for which the State Government has released a grant of Rs.4.0 lacs. It is further averred that the Community Hall shall be free for use for all the residents of the village. The petitioners have questioned the Gram Panchayat decision to construct the Community Hall on the plea that four Panches have submitted affidavits to the effect that no resolution was passed by the Gram Panchayat in this regard. We are afraid, such like disputed question of facts cannot be gone into by this Court in writ jurisdiction. The aggrieved Panches may approach the appropriate Forum under the Punjab Panchayati Raj Act, 1994 or any other law. The writ petition stands disposed of accordingly. Dasti.
[SURYA KANT] JUDGE May 20, 2016 [A.B.CHAUDHARI] mohinder JUDGE MOHINDER KUMAR 2016.05.27 09:33 I attest to the accuracy and integrity of this document Chandigarh