Sarwan Singh And ORS v. State Of Punjab And ORS
CM-4714-LPA-2016;
CM-4099-LPA-2014 in/and LPA-1941-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-4714-LPA-2016;
CM-4099-LPA-2014 in/and LPA-1941-2014 (O&M) Date of Decision: August 08, 2018 Sarwan Singh and others .....Appellant
Versus
Sate of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present:
Mr.Nakul Sharma, Advocate for the appellant.
Mr.Sandeep Virmani, Addl.AG, Punjab.
........
SURYA KANT, J.(ORAL) This Letters Patent Appeal assails the order dated 30.10.2014 whereby learned Single Judge has dismissed the appellants' writ petition in which they laid challenge to the order dated 11.06.2013 passed by the Director-cum-Special Secretary, Rural Development and Panchayat Department, Punjab. Vide the said order, an earlier decision dated 31.05.2013 constituting a new Gram Panchayat of village Lakhanpur Garcha Patti was cancelled and only one Gram Panchayat, Lakhanpur, as was originally constituted, was restored.
[2] The appellants are keen that the new Gram Panchayat of Lakhanpur Garcha Patti be constituted.
[3] We have heard learned counsel for the appellants and are of the view that constitution/establishment of a new Gram Panchayat is essentially a 'Policy Decision', which has to be taken by the Competent Authority within the framework of its powers exercisable under Section 3 of the MEENU 2018.08.17 12:03 I attest to the accuracy and authenticity of this document chandigarh
CM-4714-LPA-2016;
CM-4099-LPA-2014 in/and LPA-1941-2014 (O&M) -2Punjab Panchayati Raj Act, 1994 (for brevity,'the 1994 Act'). Various relevant factors like development of the area, inclusive growth of the residents, provisions for basic amenities etc. are to be kept in view while taking such decision. There is no gain saying that Special Secretary-cumDirector, Rural Development and Panchayat Department is not the Final Authority as his decision is always subject to further modification by the State Government.
[4] The instant appeal is accordingly allowed in part to the limited extent that the order dated 30.10.2014 passed by the learned Single Judge is modified and the writ petition is disposed of with a direction to the Principal Secretary, Rural Development and Panchayat Department, Punjab, to call for the records, hear the appellants as well as Office bearers of Gram Panchayat, Lakhanpur or other stake-holders, and take an appropriate decision within the framework of the 1994 Act preferably within a period of six months from the date of receipt of a certified copy of this order. CM-4714-LPA-2016 Since the appeal has been decided on merit, this application for placing on record the objections to the report filed by respondent No.2 with his affidavit has become infructuous and the same is dismissed as such. ( SURYA KANT ) JUDGE August 08, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No MEENU 2018.08.17 12:03 I attest to the accuracy and authenticity of this document chandigarh