IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2616 of 2009 (O&M) Date of decision: 19th August, 2010 Surjit Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohd. Yousaf, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 to 3. None for respondents No.4 to 7. KANWALJIT SINGH AHLUWALIA, J. (ORAL) A resident and an ex-Sarpanch of village Chupka, Tehsil Malerkotla, District Sangrur has approached this Court seeking a writ in the nature of certiorari to quash order (Annexure P-7) dated 3rd September, 2008. The impugned order (Annexure P-7) was passed by the Director, Rural Development and Panchayats, Punjab, Chandigarh, wherein it is stated that Block Development and Panchayat Officer, Malerkotla had sought approval for shifting the cremation ground from Khasra No.86 to 150, measuring 1 Bigha 6 Biswas, in village Chupka, as the Gram Panchayat, Chupka had passed resolutions dated 22nd February, 2005 and 9th March, 2005 to shift the cremation ground from Khasra No.86 to Khasra No.150 in the village. Residents of the village made a complaint to Sub Divisional Magistrate, Malerkotla against the resolutions passed by the Gram Civil Writ Petition No.2616 of 2009 (O&M) Panchayat. The Sub Divisional Magistrate decided the case in favour of the Gram Panchayat. Thereafter, an appeal was filed before the Deputy Commissioner, Sangrur. The Deputy Commissioner forwarded the case for approval to the Director, Rural Development and Panchayats, Punjab for shifting of the cremation ground. The Gram Panchayat and the complainants appeared before the Director, Rural Development and Panchayats, Punjab and it was submitted by the complainants that Khasra No.150 and Khasra No.86, as per the revenue record, were the properties of the Gram Panchayat of village Chupka. It was further stated that the cremation ground was existing in Khasra No.86 but the Gram Panchayat had shifted the same to Khasra No.150. After hearing all the concerned, the Director opined as under: “Upon hearing the arguments of both the parties and pursuing the record on file I came to the conclusion that report dated 16.10.2007 of District Development and Panchayat Officer, Sangrur is clear that Sarpanch Surjit Singh have shifted cremation ground without approval of Govt. and have misutilized the Govt. fund by raising a boundary wall around Khasra No.150. According to Annexure P-2, Sarpanch Surjit Singh has exchanged this to give advantage to Ex-Sarpanch Charan Dev because land of Charan Dev is in front of Khasra No.86 and due to cremation ground the value of the land decreases. Therefore, I reject the resolution dated 22.2.2005 and 9.3.2005 passed by Gram Panchayat Chupka and directing Block Development and Panchayat Officer Malerkotla-I, for recovery of expenses incurred on the boundary wall etc. made by Surjit Singh Sarpanch under Section 216 of Punjab Panchayat Raj Act, 1994 without the permission for exchange.” The petitioner was an Ex-Sarpanch of the village and during his tenure, two resolutions dated 22nd February, 2005 and 9th March, 2005 2 Civil Writ Petition No.2616 of 2009 (O&M) were passed, to which approval was declined on the ground that this was done to give benefit to the ex-Sarpanch Charan Dev, as the value of his land had diminished due to existence of the cremation ground in Khasra No.86. It is an admitted case of the parties that during the pendency of the proceedings, in the month of May 2008, an election was held and a new Gram Panchayat was constituted. The present Gram Panchayat has passed a resolution that Khasra No.150, where the cremation ground was shifted, was adjoining the village Gurdwara and that shifting of the cremation ground was a cause of dispute and fight amongst the villagers. For ensuring everlasting peace, the Gram Panchayat decided that the cremation ground should remain in Khasra No.86, where it existed from the time immemorial. In view of the very fact that the Director, Rural Development and Panchayats, Punjab had not approved the resolutions, as there was mala fide intention on the part of the petitioner and the existing Gram Panchayat has also formulated an opinion that the cremation ground should remain in Khasra No.86, this Court cannot come to the rescue of the petitioner. Accordingly, the present petition is hereby dismissed, with no order as to costs. [KANWALJIT SINGH AHLUWALIA] JUDGE August 19, 2010 rps 3