CWP No.9769 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.9769 of 2010 Date of decision: 25.5.2010 Gram Sabha Sanghera through its President ...Petitioner Versus Financial Commissioner (Appeals) Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Tribhawan Singla, Advocate, for the petitioner. Rajan Gupta, J. (oral) The petitioner has sought a writ in the nature of certiorari for quashing order dated 14th May, 2008 (Annexure P-5), passed by respondent No.1, whereby he allowed the revision petition filed by the Municipal Council, Barnala regarding inclusion of area of Gram Sabha Sanghera in the Municipal Council, Barnala. Learned counsel for the petitioner has argued that the action of including the area of Gram Sabha Sanghera in the municipal limits is violative of Section 3 (4) of the Punjab Panchayati Raj Act, 1994. It appears that notification dated 3rd March, 1988 was issued by State of Punjab for change of ownership of land of Gram Sabha Sanghera to Municipal Council, Barnala. The mutation in respect of same was sanctioned vide order dated 5th December, 1994 by CWP No.9769 of 2010 2 Assistant Collector IInd Grade, Barnala. Against aforesaid order, an appeal was preferred before District Collector, Sangrur. The District Collector thereafter remanded the case to Assistant Collector Ist Grade for disposal on merits. After the parties availed of their remedies, the matter ultimately came up before Financial Commissioner (Appeal), Punjab (respondent No.1 herein). Vide his order dated 14th May, 2008, he held that Gram Sabha Sanghera (petitioner) had ceased to exist and thus there was no option but to transfer the ownership of the land in the name of Municipal Council, Barnala. The Financial Commissioner relied upon a certificate issued by Block Development and Panchayat Officer to the effect that village Sanghera had come within the limits of Municipal Council, Barnala and thus, Gram Panchayat Sanghera has ceased to exist. Learned counsel for the petitioner has not been able to point out any infirmity legal or otherwise with the impugned order. It appears that in view of the notification issued way back in the year 1988, area of Gram Sabha Sanghera was included in the municipal limits of Barnala. There is nothing on record to show that the said notification was ever challenged by the petitioner. It appears that only certain entries relating to sanction of mutation were subject matter of challenge which were finally decided by the Financial Commissioner vide order dated 14th May, 2008. The present petition has been filed almost two years thereafter. The Gram Sabha, which was respondent No.2 before the said authority (Financial Commissioner), did not chose to put in appearance. CWP No.9769 of 2010 3 On merits also, there is nothing to show that the order suffers from any defect. The petition is thus devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 25.5.2010 'rajpal'