CWP No.1535 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1535 of 2009 Date of decision : 18-2-2009 Gram Panchayat Wazidpur Katianwali ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Anureet S. Sidhu, Advocate, for the petitioner. Mr. H.S. Brar, DAG, Punjab. Mr. Nakul Sharma, Advocate, for respondent No.3. AJAI LAMBA, J. (Oral) The claim made in this petition is that the funds for development work in the village are not being credited in the accounts of the Panchayat, rather they are being given to officers of Panchayati Raj Department and therefore there is a violation of provision of Section 86(1)(a) of the Panchayati Raj Act, 1994. Similar matter had arisen before Division Bench of this Court viz. CWP No.9417 of 2006 titled ‘Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others' wherein on August 21, 2006, certain directions were issued to the respondent – State. CWP No.1535 of 2009 -2- Learned counsel for the respondents has drawn the attention of the Court towards Annexure R-1 i.e. the letter issued by Government of Punjab, Department of Rural Development and Panchayats to all Administrative Secretaries of the Punjab State. Under the said letter, it has been directed that Gram Panchayat should be made Executing Agency in view of the decision given by Punjab & Haryana High Court in CWP No. 9417 of 2006 titled ‘Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others' on August 21, 2006 and there should be no violation of the order. It further provides that if any other official or organization has been made the Executing Agency, the same should be changed and accordingly, the concerned Gram Panchayat should be made the Executing Agency. The directions given by the Division Bench in the case referred to above are in the following terms:- “In view of the discussion made above, it is held that the Scheme (Annexure R/1), cannot over-ride the provisions of the Act. Accordingly, it is ordered that all the grants sanctioned, whatever may be the source and Scheme, be credited to the funds of the Gram Panchayat and be put at its disposal, for utilization. It is further ordered that if any expertise is needed, the same be provided by technical wing of the department of Rural Development and Panchayats, Punjab. The authorities are at liberty, if need be, to ask for prior sanction of the development work in village and approval of estimates etc. However, the officials of the department have got no jurisdiction to execute those works in a village, directly under their own CWP No.1535 of 2009 -3- supervision. They may guide the Panches and Sarpanches, if need be.” In view of the stand of the respondents, this petition has been rendered infructuous. It is, however, directed that the Deputy Commissioner, Ferozepur shall ensure compliance of the judgment passed by this Court and also the consequent order dated 11-2-2009 (Annexure R-1) passed by the Government. (AJAI LAMBA) 18-2-2009 JUDGE manju