Swaranjit Kaur And Others v. State Of Punjab And Otherrs

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** Date of Decision: 16.05.2025 Swaranjit Kaur and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Sahaj Punj, Advocate for the petitioners.

***** HARSH BUNGER J. (ORAL) The present writ petition has been filed under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 15.04.2025 (Annexure P-4) passed by learned District Development and Panchayat Officer, Patiala, whereby respondent No.6- was appointed as Administrator of the Gram Panchayat, Chaura for 45 days.

2.

Pursuant to the advance copy of petition, having been supplied to learned State counsel, Mr. Nirmaljit Singh Diwana, Senior Deputy Advocate General, Punjab, appears and refers to the provisions contained in Section 201 of the Punjab Panchayati Raj Act, 1994 (in short `the Act'), to contend that the petitioner has not availed equally efficacious alternative remedy available to him, before filing the present writ petition. 3.

Heard.

4.

The scope and ambit of Section 201 of the Act came up for consideration of this Court in "Binder Kaur v. State of Punjab and others"

-2reported as 2016(1) RCR(Civil) 634, the relevant extract of which reads as under :- "5.

Having heard learned counsel for the parties and gone through the material available on record, Section 201 of the Act gives power to the Director, Rural Development and Panchayat, Punjab to entertain revision petition against the order of the DD&PO passed under Section 200(1) of the Act.

6.

Thus, the present petition is not maintainable and hence the same is hereby dismissed. However, the petitioner is granted liberty to challenge the impugned order before the Director, Rural Development and Panchayat, Punjab by way of a revision petition under Section 201 of the Act. It is further directed that in case such a revision is filed within seven days from the date of receipt of certified copy of this order, the Director, Rural Development and Panchayat, Punjab shall decide the same within one month thereafter. The petitioner may take other pleas also in the said petition, which shall be decided by the Director, Rural Development and Panchayat, Punjab."

4.1 A similar view, as taken in Binder Kaur's case (supra) has also been taken in cases of Surjit Kaur vs State of Punjab, 2017(1) RCR(Civil) 300; Dona Singh vs The State of Punjab and others, 2020(4) Law Herald 2821 and Gurbhej Singh @ Gurjant Singh vs State of Punjab and others, 2022(3) PLR 348.

5.

In view of the afore-said judicial pronouncement(s), the present writ petition is disposed of, relegating the petitioner to avail his equally efficacious alternative remedy by filing a revision under Section 201 of the Act. It is directed that in case the petitioner files an appropriate revision petition within a period of seven days from the date of receipt of certified

-3copy of this order, the Revisional Authority shall decide the same expeditiously. The petitioner shall be at liberty to raise all possible pleas available to him, while filing his revision petition, which shall be decided by the Revisional Authority by passing an appropriate order, strictly in accordance with law.

6.

The present writ petition stands disposed of, accordingly. 7.

All pending application/s, if any, shall also stand closed. 16.05.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No