IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6984 of 2010 Date of decision: 25th August, 2010 Buta Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hitesh Kaplish, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 to 3. Mr. Chaman Lal Panwar, Advocate for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Mr. Panwar has filed short reply on behalf of respondent No.4 in the Court today. The same is taken on record. Petitioner-Buta Singh is a Panch of Gram Panchayat, village Jagatpur, Tehsil and District Nawanshahar. A prayer has been made in the present petition that order (Annexure P-1) dated 6th July, 2009 passed by the Director, Rural Development and Panchayat, Punjab be quashed and a direction be issued that respondent No.4-Sarpanch of Gram Panchayat of the village be removed from the office. Grievance of the petitioner is that the Gram Panchayat had filed a petition under Section 7 of the Punjab Village Common Land Act, 1961 and the same was withdrawn by the Sarpanch on 12th December, 2008. Counsel for the respondent-Sarpanch has submitted that since in the earlier round of litigation, the matter was concluded upto the Civil Writ Petition No.6984 of 2010 level of Hon’ble the Apex Court, therefore, it was under a legal advice that the appeal was withdrawn. Counsel for the petitioner has controverted this assertion made by counsel for the respondent-Sarpanch. Counsel for the respondent-Sarpanch has further submitted that the petitioner has a remedy to file an appeal, therefore, he cannot invoke the extraordinary writ jurisdiction of this Court. At this stage, counsel for the petitioner has prayed that he be permitted to withdraw the present petition, to avail the remedy of filing an appeal. Counsel for the respondents have no objection thereto. Accordingly, as prayed, the present petition is dismissed as withdrawn. However, in case the petitioner files an appeal within a period of 15 days from today, no objection regarding limitation shall be available to the respondents and the appellate authority shall decide the appeal within a period of four months from the date of its receipt. [KANWALJIT SINGH AHLUWALIA] JUDGE August 25, 2010 rps 2