Gram Panchayat Village Tarsika v. State Of Punjab And Others

-1In the High Court of Punjab and Haryana at Chandigarh CWP No. 20358 of 2019 Date of Decision: 22.3.2023 Gram Panchayat, Tarsika .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. B.S.Bajwa, Advocate for the petitioner.

Mr. Maninder Singh, Sr. DAG, Punjab.

Mr. Aman Pal, Panchayat Officer, Block Tarsika, Amritsar in person.

**** SURESHWAR THAKUR , J. (ORAL) 1.

The Gram Panchayat of village Tarsika through its Sarpanch, instituted the instant petition, before this Court, for a mandamus being made, upon the respondents concerned, to not permit the construction of Police Station, Tarsika, upon the petition land. The reason for the above mandamus being asked to be made, upon the respondents concerned, is premised on the ground, that the proposed site for the construction of Police Station, Tarsika, is situated at the Grain Market, and, as such it would cause difficulty to the farmers in theirs carrying their crops to the Grain Market concerned.

2.

Though, the Gram Panchayat concerned, had earlier moved a resolution to the above effect, but yet subsequently the Gram Panchayat concerned, appears to become dissatisfied with the passing of the said resolution, and, was led to institute the instant petition before this Court, with a prayer that a mandamus (supra) be made, upon the respondents

-2concerned. Therefore, the petitioner-Gram Panchayat was endeavouring to restrain the approving authority concerned, from according approval to the resolution, which became earlier passed by the Gram Panchayat concerned.

3.

However, today the learned State counsel has placed on record a short status report, drawn by Block Development and Panchayat Officer, Tarsika. A reading of the relevant paragraph of the said status report, para whereof becomes extracted hereinafter, reveals, that the Gram Panchayat concerned, as of now, has no objection in permitting the State Government to construct a Police Station at Tarsika, rather at the place and venue, where earlier the said police station was proposed to be constructed, through the resolution of the Gram Panchayat, Tarsika. Moreover, since there are also speakings therein with respect to the panchayat official concerned, drawing a lease deed in respect of the land concerned, with the authorized officer of the State Government concerned.

"In compliance with the aforesaid orders, it is written to you that in respect to this case, you have informed this office by passing a resolution on 5.11.2020 that now Panchayat has no objection in giving the land to police for constructing police station and Gram Panchayat has accepted to take back the case CWP-20358-2019, Gram Panchayat Tarsika versus State of Punjab and others or any other case pending in the Hon'ble Court. Keeping in view the resolution passed by Panchayat, it is written to you to contact the police officials and write a lease deed as per the directions and conditions of Village Development and Panchayat Department and submit it in this office within a week, so that in complaince with the orders of Hon'ble Court, reply and document related to lease can be submitted along with the reply on 22.3.

2023 and to be present in the Hon'ble Court."

4.

In consequence, the learned counsel for the petitioner submits, that since the dispute amongst the contesting litigants has now been completely resolved, rather in terms of the status report, instituted

-3today before this Court by the learned State counsel. Thus, he further submits, that he has been instructed to withdraw the instant writ petition. 5.

Consequently, the instant writ petition is disposed of in terms of the above instituted status report, by the learned State counsel. 6.

The pending application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE March 22, 2023 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No