IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16741 of 2009 Date of decision: 5th August, 2010 Baba Karnail Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Parshotam Lal Singla, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 to 4. Mr. P.C. Goyal, Advocate for respondents No.5 and 6. Mr. T.P. Singh, Advocate for respondent No.7. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed with a prayer that a writ in the nature of certiorari be issued and the order (Annexure P-7) dated 11th September, 2009, passed by the Law Officer of Rural Development and Panchayat Department, Punjab, be quashed, whereby a direction was issued that the course of drain, passing in the village be diverted to the disadvantage of the petitioner. Counsel for the petitioner has seriously disputed the competence of the Law Officer to pass the impugned order (Annexure P-7). It is stated that the Law Officer has no authority under the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as, ‘the Act’) to pass the impugned order. Civil Writ Petition No.16741 of 2009 Ms. Ambika Luthra, Assistant Advocate General, Punjab, has submitted that purportedly this order is said to have been passed by the Law Officer, but he has acted in his capacity as an In-charge of the Branch. Be that as it may, counsel for the State is not in a position to state under which provisions of the Act, the In-charge of the Branch was competent to pass such an order. At this stage, Ms.Luthra has stated that the impugned order (Annexure P-7) will be withdrawn forthwith and if necessary, a fresh order shall be passed by the authorities in accordance with provisions of law, after following due procedure. In view of the statement made by counsel for the State, no further directions are called for in the present writ petition and the same stands disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE August 5, 2010 rps 2