Civil Writ Petition No. 20112 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 20112 of 2010 Date of Decision: 11.11.2010 Naib Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Deviner Singh Gurna, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner is a Municipal Councilor in Municipal Council, Maur Mandi. He has approached this Court with a prayer that a writ in the nature of certiorari be issued and letter of intent issued in favour of respondents No.3 to 6, in pursuance of the statement made by respondent No.7-Bhupinder Singh, Executive Officer of the Municipal Council, Maur Mandi, before the Additional District Judge, Bathinda, in the appeal filed by respondents No.3 to 6 be quashed. It is further stated that respondent No.7 has made the following statement (Annexure P2) on 30.11.2009 and facilitated transfer of valuable property of the municipal Council in favour of respondents No.3 to 6:- “Statement of Bhupinder Singh Sran, E.O., aged about 48 years, Municipal Committee, Maur, on SA. The property in question, which is in Civil Writ Petition No. 20112 of 2010 2 possession of the appellant, shall be allotted to the appellants as per the policy of the State Government on the Collector's rate, which has been finalised in the meeting dated 26.11.2009. I produce letter Ex.RX. R.O.&AC. Sd/-(R.S.Rai), Sd/- Bhupinder Singh Addl. D.J. 30.11.09” It is further stated that in pursuance of the statement made by respondent No.7 before the Appellate Court, letter of intent dated 27.11.2009 (Annexure P3) has been issued in favour of respondents No.3 to 6 and the same is illegal. Having heard learned counsel for the petitioner, this Court is of the view that in case respondent No.7 has made any statement beyond his competence and without any ratification from the General House of the Municipal Council, he can be proceeded against departmentally and action can be taken against him. Furthermore, since the rights of Municipal Council has allegedly affected, if so desire, it can file an appeal or initiate legal remedy for recalling of the order dated 30.11.2009 (Annexure P4), passed by the Additional District Judge, Bathinda, by urging that the Executive Officer was never authorized to make the statement. Furthermore, letter of intent (Annexure P3) will have sanctity only if the resolution, in support of the same, is passed by the Municipal Council. No interference is warranted as there are enough safeguards in the Punjab Municipal Act, 1911 and the same also provides alternative efficacious remedy for redressal of the grievance. Civil Writ Petition No. 20112 of 2010 3 With the observations, made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 11, 2010 “DK”