IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.3985 of 2009 Date of Decision: March 16, 2009 Gram Panchayat, Talwara .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Ms. Sushma Chopra, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This civil writ petition filed under Article 226/227 of the Constitution of India prays for issuance of a writ in the nature of mandamus directing the respondents to release grants in favour of the petitioner, Gram Panchayat, as is required under Section 86(1) of the Punjab Panchayati Raj Act, 1994 (for short, `the Act’). Prayer has also been made to quash letters issued for release of grant in favour of State Executing Agency, they being against the provisions of Section 86 of the Act. Learned counsel states that case of the petitioner is squarely covered by Division Bench judgment of this Court rendered in Civil Writ CWP No.3985 of 2009 [2] Petition No.9417 of 2006, titled ‘Gram Panchayat, Satauj, Tehsil Sunam vs. State of Punjab & Others’, decided on 21.8.2006. Notice of motion. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab, on the asking of the Court, accepts notice on behalf of the respondents. I have heard the learned counsel for the parties. Learned counsel for the respondent- State has not been able to dispute the fact that in similar circumstances, certain directions have been issued by Division Bench of this Court while dealing with Civil Writ Petition No.9417 of 2006. 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 supervision. They may guide the Panches and Sarpanches, if need be.” Learned counsel for the respondent- State has also pointed out that in view of the judgment rendered in Civil Writ Petition No.9417 of 2006, the State Government has issued instructions by way of Letter dated 11.2.2009 addressed to all the Administrative Secretaries. CWP No.3985 of 2009 [3] In view of the stand of the respondent-State, the petition is disposed of with direction to the Deputy Commissioner, Hoshiarpur to ensure compliance of judgment of this Court rendered in Civil Writ Petition No.9417 of 2006, titled ‘Gram Panchayat, Satauj, Tehsil Sunam vs. State of Punjab & Others’, decided on 21.8.2006. (AJAI LAMBA) March 16, 2009 JUDGE avin