CWP No.15316 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15316 of 2010 Date of decision:26.08.2010 Gram Panchayat Wazidpur, Block Chamkaur Sahib, District Ropar through its acting Panch Gurnam Singh ...... Petitioner VERSUS The State of Punjab through its Financial Commissioner, Rural Development and Panchayats, Punjab, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Ms.Naiya Gill, Advocate for the petitioner. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 22.06.2010, passed by the Director Rural Development and Panchayats, Punjab, setting aside a resolution passed by the Gram Panchayat. Counsel for the petitioner submits that the Director, had no jurisdiction to set aside the resolution, as the Gram Panchayat is empowered to lease out the land. It is further submitted that while considering the validity of the resolution, the Director, had no jurisdiction to hold that the land is owned by respondent no.5. Heard. Section 199 of the Punjab Panchayat Raj Act, 1994 (hereinafter referred to as the Act) empowers the Director to pass an order cancelling any resolution passed by the Panchayat. An order passed under Section 199 of the Act, can be validly impugned, before the State Government in CWP No.15316 of 2010 -2- accordance with the remedy provided under Section 201 of this enactment. Section 201 of the Act, reads as follows: - "Power to call for proceedings of Panchayat.-- The State Government may call for and examine record of proceedings and the record of any executive order of any Panchayat or any officer or authority of the Panchayat for the purposes of satisfying itself as to the legality and propriety of any executive order passed therein and may confirm, modify or rescind the order." In view of the alternative remedy available under Section 201, the petitioner is relegated to filing an appropriate petition, before the State Government. In case, such a petition is filed, it shall be considered and decided by the State Government, within three months of its filing. 26.08.2010 [RAJIVE BHALLA] shamsher JUDGE