IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.4367 of 2009 Date of Decision: March 20, 2009 Gram Panchayat, Patre-Wala, Block Khuian Sarwar, District Ferozepur .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Anureet Singh Sidhu, 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 credit the grants received from whatever source in the account of the Gram Panchayat, Patre-Wala, Block Khuian Sarwar, District Ferozepur. It has been brought out that grant is being released in favour of the Xen, Panchayati Raj (respondent No.3) and Executive Officer, Panchayat Samiti, Khuian Sarwar (respondent No.4), which is against the mandate of the provisions of Section 86(1) of the Punjab Panchayati Raj Act, 1994. CWP No.4367 of 2009 [2] Learned counsel, in this regard, has relied on Division Bench judgment of this Court rendered in Civil Writ Petition No.9417 of 2006, titled ‘Gram Panchayat, Satauj, Tehsil Sunam, District Sangrur & Others vs. State of Punjab & Others’, decided on 21.8.2006 (Annexure P-10). Learned counsel has also drawn the attention of the Court towards the executive instructions issued by the Government of Punjab to all Administrative Secretaries on 11.2.2009 (Annexure P-9) to give effect to the judgment rendered in Civil Writ Petition No.9417 of 2006. Notice of motion. Mr. H.S. Brar, Deputy Advocate General, Punjab, on the asking of the Court, accepts notice on behalf of the respondents. Copy of the petition has been given. I have heard the learned counsel. Learned counsel for the respondent- State has not been able to dispute the legal position or the fact that judgment rendered in Civil Writ Petition No.9417 of 2006, would be applicable to the facts of the present case. Learned counsel for the respondent- State has further stated that the instructions issued on 11.2.2009 are required to be adhered to. Considering the above, it is directed that all the grants sanctioned, whatever may be the source and scheme, be credited to the funds of the petitioner-Gram Panchayat and be put at its CWP No.4367 of 2009 [3] disposal, for utilization. In case, any expertise is required, the same be provided by technical wing of the Department of Rural Development & Panchayats, Punjab. The authorities would be at liberty 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 would be entitled to guide the Panches and Sarpanches, if need be. The petition is allowed in the above terms. (AJAI LAMBA) March 20, 2009 JUDGE avin