Salwinder Kaur Panch And Others v. State Of Punjab And Others

2024:PHHC:032335-DB CWP-11466-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** CWP-11466-2018 Date of Decision: 06.03.2024 Salwinder Kaur Panch and others ....Petitioners

Versus

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

Mr. Narinder Pal Singh Mann, Advocate for the petitioners.

Mr. Sartaj Singh Gill, Sr. D.A.G., Punjab.

*** SUDHIR SINGH, J. (Oral) 1.

Petitioners have filed the instant Writ Petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the notification dated 14.03.2018 (Annexure P-3) whereby another Gram Panchayat Mari Kamboke Havalian was carved out of original Gram Panchayat of Mari Kamboke on the basis of a resolution dated 30.10.2017 (Annexure P-2) passed by the Administrator of Gram Panchayat Mari Kamboke. A further prayer has been made that the operation of the impugned notification dated 14.03.2018 (Annexure P-3) be stayed. 2.

Petitioners' contend that the resolution dated 30.10.2017 (Annexure P-2) passed by Administrator and also the consequent notification dated 14.03.2018 (Annexure P-3) are illegal and without jurisdiction as the resolution was not passed by Gram Panchayat concerned. 3.

In response to the Writ Petition, learned State counsel has filed a short reply by way of affidavit dated 21.08.2019 of Director, Rural HIMANI GUPTA 2024.04.03 13:12 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

2024:PHHC:032335-DB CWP-11466-2018 -2Development and Panchayat, Punjab; indicating that in pursuance of an order dated 28.03.2019 passed in this case, necessary instruction/ circular dated 24.04.2019 (Annexure R-1/T) has been issued by the State Government reiterating the earlier guidelines/ instructions issued vide Memo dated 07.11.2012 (Annexure R-2/T) laying down/ prescribing that the Administrator could only carry out development works as per order passed by District Development and Panchayat Officer. 4.

In the light of the said guidelines (Annexures R-I/T and R-2/T), it has been contended by learned counsel for the respondent-State that no action whatsoever, shall be taken in the light of the notification dated 14.03.2018 (Annexure P-3), by which the petitioner is aggrieved and in future, if any exercise as regarding bifurcation of Gram Panchayat is to be carried out, it can only be in confirmity with the procedure prescribed by law.

5.

Considering the same, no further order is required to be passed and the instant writ petition is disposed of in the aforestated terms. 6.

All pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE 06.03.2024 Himani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.04.03 13:12 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh