IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.2949 of 2009 Date of Decision: February 26, 2009 Gram Panchayat, Village Khipanwali, District Ferozepur .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gaurave Bhayyia, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) The claim made in this petition is that the funds for development work in the village which are not being credited in the accounts of the Panchayat, be credited in the account of Gram Panchayat as required under Section 86 of the Punjab Panchayati Raj Act, 1994. It has been pleaded that in violation to the statutory provisions, respondents are releasing the funds in favour of other authorities. 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. Notice of motion. CWP No.2949 of 2009 [2] On the asking of the Court, Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab, accepts notice. Shri Sidhu states that having considered the directions dated 21.8.2006 issued by this Court in CWP 9417 of 2006, directions have been issued by the Government of Punjab, Department of Rural Development and Panchayats, to all Administrative Secretaries of the Punjab State vide letter dated 11.2.2009. Under the said letter, a specific direction has been issued that the Gram Panchayat should be made the Executing Agency in view of the decision given by a Division bench of this Court in the case referred to above. The letter further provides that if any other official or organization has been made the Executing Agency, the same should be changed and 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 CWP No.2949 of 2009 [3] 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.” In view of the stand of the respondents, this petition is disposed of. It is, however, directed that respondent No.3 i.e. Deputy Commissioner, Ferozepur shall ensure compliance of the judgment passed by this Court and also the consequent order dated 11-2-2009 passed by the Government. (AJAI LAMBA) February 26, 2009 JUDGE avin