CWP No. 11039 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 11039 of 2009 Date of Decision: 29.11.2011 Gram Panchayat ...Petitioner Versus State of Punjab and others ..Respondents CORAM: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice G.S. Sandhawalia Present: Mr. N.S. Sodhi, Advocate for the petitioner. Mr. Piyush Kant Jain, Addl.AG Punjab. Hemant Gupta, J. The petitioner has claimed a writ of mandamus directing the respondents to take action on representation (Annexure P-6) dated 7.10.2008. The assertion of the petitioner is that by way of a resolution dated 5.7.2001, the land of petitioner-Panchayat was given to Dashmesh Art, Sport, Culture and Education Trust to construct the Stadium with the condition that ownership of the land shall remain with the Gram Panchayat and that the Trust will manage & look after the stadium. Subsequently, the mutation of ownership in respect of the said land was entered in favour of respondent No.7 which led to submission of the representation of the part of Gram Panchayats. This Court on 28.3.2011 directed Deputy Commissioner, Moga to conduct an enquiry in respect of resolution of Panchayat as to whether it CWP No. 11039 of 2009 -2- provides for transfer of ownership. In terms of the said direction, the learned Additional Deputy Commissioner has submitted his report on 17.5.2011 that the mutation entered on the basis of resolution of the Gram Panchayat needs to be reviewed. Keeping in view the said report and the fact that there is dispute regarding the contents of resolution dated 5.7.2001, we set aside the mutation Annexure P-1 incorporated in the jamabandi for the year 1996-97 and direct Collector Moga to decide the genuineness of the resolution dated 5.7.2001 and to sanction mutation only if it arrives at the conclusion that there was resolution of the Panchayat for transfer of land as well. It shall be open to the Collector to examine such evidence as is necessary to arrive at the conclusion whether the said resolution is tampered with or not. The writ petition is disposed of accordingly. ( Hemant Gupta ) Judge (G.S. Sandhawalia) 29.11.2011 Judge Meenu