CWP No.3839 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.3839 of 2010 (O&M) Date of decision: 3.5.2010 Gram Panchayat Kharabgarh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. A.S. Syan, Advocate, for the petitioner. Rajan Gupta, J. (oral) The present petition has been preferred by Gram Panchayat Kharabgarh, Tehsil and District Patiala, seeking a writ in the nature of certiorari for quashing impugned order dated 31st August, 2009, passed by respondent No.3, with a further prayer for a writ of mandamus to direct respondents No.1 to 3 to recover Panchayat funds and to take action against respondent No.4 for misusing the said funds. The petitioner has also sought a direction to respondents No.1 and 2 to conduct an inquiry regarding misuse of Shamlat land as well as Panchayat funds. Learned counsel for the petitioner has argued that election to the Gram Panchayat Kharabgarh were held in the year 2008. After election of new Sarpanch in the year 2008, it was found that Jasbir Singh Grewal, Panchayat Secretary in connivance with ex-Sarpanch had misused the record of the Panchayat and leased out the Shamlat land (72 acres) to persons known to them. Despite repeated representations, CWP No.3839 of 2010 2 no action has been taken against the guilty persons. Learned counsel, thus, argued that in view of serious allegations, an inquiry needs to be conducted into the matter. I have heard learned counsel for the petitioner and perused the documents annexed to the petition. It appears that a notice, Annexure P-2, was issued by Block Development and Panchayat Officer to Sarpanch of Gram Panchayat Kharabgarh, wherein it was mentioned that lease money in respect of Shamlat land had not been deposited by the Sarpanch in the Panchayat fund. It was, thus, directed that the said amount be deposited immediately, failing which action under Section 20 of the Act would be taken. The Sarpanch, namely, Sita submitted a reply, Annexure P-3, to the said notice stating therein that the amount had been embezzled by then Panchayat Secretary, Jasbir Singh Grewal. It, thus, appears that enquiry regarding alleged embezzlement of Panchayat funds is pending. Claim of the petitioner Gram Panchayat that funds were embezzled by the Panchayat Secretary in connivance with ex-Sarpanch, can also be gone into by the concerned authority. No case is made out for interference in writ jurisdiction of this court into the disputed questions of fact. The petition is, thus, devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 3.5.2010 'rajpal'