CR No. 5394 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 5394 of 2009 (O&M) Date of decision:- 8.9.2010 Kaka Singh Samplay ......petitioner vs. Karnail Singh and others ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Y.P.Singla, Advocate for the petitioner Mr. Ramesh Goel, Advocate for respondents No. 1, 2 and 4. HEMANT GUPTA, J (ORAL) CM No. 22619-CII of 2010 Application is allowed. Filing of certified copies of Annexures A-1 to A-7 is dispensed with. CM No. 22620-CII of 2010 Application is allowed. Annexures A-1 to A-7 are permitted to be taken on record. CR. No. 5394 of 2009 Petitioner is aggrieved against the order passed by the Additional District Judge, Panchkula on 15.5.2009, whereby Naib Tehsildar, Barwala was appointed as a Receiver and directed to complete the construction of the temple. It is the contention of the learned counsel for the petitioner that the grant has been sanctioned under the local area development fund of the Members of Parliament and the petitioner should be permitted to raise construction instead of Naib Tehsildar, Barwala as directed by learned Additional District Judge, Panchkula and that he shall complete the construction with a period of one year. CR No. 5394 of 2009 -2- On the other hand, learned counsel for respondents contention was that the petitioner purportedly is in the process of raising the construction for the last number of years and in fact, there is a danger of misappropriation of funds. Therefore, the order passed by the learned First Appellate Court does not warrant any interference. During the course of arguments, both the parties agreed that the petitioner be permitted to raise the construction but under the supervision of Naib Tehsildar and Naib Tehsildar should release the payments on the basis of bills to be submitted by the petitioner on fortnightly basis. Such process will ensure proper utilization of funds and will also permit the Naib Tehsildar to oversee the construction to be raised. In view of the consent of the parties, the present petition is disposed of with liberty to the petitioner to raise the construction under the supervision of Naib Tehsildar. The petitioner shall submit the bills in respect of the expenses of the construction raised and the Naib Tehsildar shall release the payment after verification of the construction and on being satisfied of the genuineness of the claim periodically. Naib Tehsildar shall ensure that the construction is completed by the petitioner within a period of one year from today. (HEMANT GUPTA) JUDGE 8.9.2010 preeti