Civil Writ Petition No.12229 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No.12229 of 2009 Date of Decision: 12.7.2010 Gram Panchayat, Village Raipur …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. K.S. Cheema, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for respondents No.1 and 2. Mr. G.S. Sandhawalia, Advocate for respondents No.3 and 4. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed by an elected Gram Panchayat of villages Raipur and Haron. Vide Government notification dated 18.7.2008, a new Nagar Panchayat, Chamkaur Sahib, consisting of four villages i.e. Raipur, Manemajra, Salomajra and Chamkaur Sahib was formed, in which a part of the petitioner-Gram Panchayat was included. Thereafter, as the election of the newly created Nagar Panchayat was to take place within six months of its formation, the Punjab Government, vide its another notification dated 13.8.2008 (Annexure R3/1) appointed the Sub Divisional Magistrate, Chamkaur Sahib as its Administrator and to exercise all the powers and perform Civil Writ Petition No.12229 of 2009 2 the duties under the Punjab Municipal Act, 1911. In pursuance thereof, vide communication dated 17.4.2009 (Annexure P1), respondent No.2 stated that the charge of movable and immovable property be handed over to the Executive Officer, Nagar Panchayat, Chamkaur Sahib. Vide communication dated 30.4.2009 (Annexure P2), respondent No.2 issued directions to the Executive Officer, Nagar Panchayat, Chamkaur Sahib, to take charge of record from Sarpanch of the petitioner- Panchayat. In a communication dated 18.5.1999 (Annexure P3), respondent No.2 issued a mandate to the petitioner-Panchayat that the entire auction money of its shamlat be deposited in the account of Panchayat Samiti, Chamkaur Sahib. Learned counsel for the petitioner submits that all these three communications are none est and no such directions could be issued as only part of the Gram Sahba has been merged with Nagar Panchayat, Chamkaur Sahib. Therefore, no directions could be issued by respondent No.2. Hence, the communications (Annexures P1 to P3) were beyond the competence of respondent No.2 and the same be quashed. It is not disputed that the petitioner-Panchayat was having a jurisdiction over two villages, namely Raipur and Haron. By way of notification No. 10/12/03-5LG3/1282 dated 22.7.2008, village Rai Pur bearing Hadbast No. 149 was merged with Nagar Panchayat, Chamkaur Sahib. Therefore, the petitioner-Panchayat continued to exercise its jurisdiction over village Haron. The above said notification was challenged in a separate writ petition viz. Civil Writ Petition No. 17225 of 2008 and the same has been admitted but no stay qua its operation has Civil Writ Petition No.12229 of 2009 3 been granted. Learned counsel for respondents No.3 and 4. submits that since the area of Panchayat has been merged with Nagar Panchayat, Chamkaur Sahib, therefore, it is necessary that the petitioner-Panchayat yield to the mandate of the notification. Learned counsel further urged that due to non co-operation and non observance of the directions given qua communications (Annexures P1 to P3), no development work could be undertaken in the area of the petitioner-Panchayat, which has been merged with Nagar Panchayat, Chamkaur Sahib. Ms. Ambika Luthra, Assistant Advocate General, Punjab, submits that it is a fact that the petitioner-Panchayat is having a jurisdiction over village Haron and only village Raipur Hadbast No. 149 was transferred to the Nagar Panchayat, Chamkaur Sahib. This Court expresses its dismay that various functionaries of the State are not able to resolve inter-se dispute and the Court has to adjudicate upon the same. The controversy raised in the present petition, best could be resolved by officials of the State, adhering to in- house mechanism. It is expected that those who are vested with the duties and powers must take their call and the issues must not be abandoned and left at the door steps of the Court. Having expressed the opinion, this Court is of the view that so far as the present writ petition is concerned, the same is to be disposed of by giving following directions:- A) The Communications (Annexures P1 and P2) are modified to the extent that petitioner-Panchayat shall handover the charge of movable and immovable Civil Writ Petition No.12229 of 2009 4 property and records pertaining to only of village Raipur Hadbast No. 149. In case any difficulty arises, the Director, Rural Development and Panchayat, Punjab, while acting as an independent authority, shall oversee that there is a smooth transfer of movable and immovable property of village Raipur Hadbast No. 149 to Nagar Panchayat, Chamkaur Sahib. In case, the records are such that no separation can take place, then the attested photocopies of the records shall be prepared and one set thereof shall be handed over to the Nagar Panchayat, Chamkaur Sahib. B) So far as the amount of auction of shamlat property of village Raipur Hadbast No. 149 is concerned, the same shall be transferred to the account of Nagar Panchayat, Chamkaur Sahib. In case of any dispute, the same shall be adjudicated upon by the Director, Rural Development and Panchayat, Punjab, as an independent authority. C) The petitioner-Panchayat shall continue to exercise its jurisdiction and authority over village Haron Hadbast No. 148. D) Respondent No.2-Block Development and Panchayat Officer, Chamkaur Sahib, will not cause any obstacle in discharge of duties of the petitioner- Panchayat, over the area of village Haron Hadbast Civil Writ Petition No.12229 of 2009 5 No. 148. So far as the funds pertaining to village Haron are concerned, as per rules and regulations, the same shall be spent by the petitioner-Panchayat. In case of any dispute, Director, Rural Development and Panchayat, Punjab, shall take a decision within a period of 30 days thereof. (Kanwaljit Singh Ahluwalia) Judge July 12, 2010 “DK”