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High Court of Punjab and HaryanaCWP/17292/2025disposed of

Narinder Munjal And Others v. State Of Punjab And Others

2025-06-11Mr. Justice Harsh Bunger2 pages

CWP-17292-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CWP-17292-2025 (O&M) Date of Decision: 11.06.2025 Narinder Munjal and others ..... Petitioners

Versus

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

Present:

Ms. Anjali Khosla, Advocate, Mr. Yadwinder Singh, Advocate and Mr. Naresh Jain, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.

Ms. Ferry Sofat, Advocate and Mr. Taun Deora, Advocate for respondent No.5.

***** HARSH BUNGER J. (ORAL) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of writ in the nature of Certiorari for quashing/setting aside impugned orders dated 30.04.2025 (Annexure P-1) and 26.05.2025 (Annexure P-2) passed by respondent No.4, whereby the powers conferred upon the elected body of Municipal Council for giving approval to the execution of works within the territorial jurisdiction of Municipal Council, Gidderbaha and to make payments thereof from the Municipal Fund have been taken away from the elected body and the same have been conferred upon a committee of officers in blatant abuse of provisions of Section 234 of the Punjab Municipal Act, HIMANI GUPTA 2025.06.11 16:38 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-17292-2025 (O&M) -21911.

2.

Ms. Ferry Sofat, Advocate and Mr. Tarun Deora, Advocate appear on behalf of respondent No.5, pursuant to the advance copy of petition having been supplied to the Municipal Council, and submit that the orders impugned in the present writ petition is revisable in terms of Section 237 of the Punjab Municipal Act, 1911.

3.

In view of the above, since an alternate remedy is available to the petitioners under Section 237 of the Punjab Municipal Act, 1911, the present petition is disposed of by relegating the petitioners to avail their remedy of revision under Section 237 of the Punjab Municipal Act, 1911. 4.

All pending application(s), if any, shall also stand closed. 11.06.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No HIMANI GUPTA 2025.06.11 16:38 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh