IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18178 of 2010 (O&M) Date of decision: 29th November, 2010 Raghvir Singh and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ramesh Sharma, Advocate for the petitioners. Mr. Anil Kumar Sharma, Additional AG, Punjab for respondents No.1 to 6. Mr. Parminder Singh Sekhon, Advocate for the applicant-respondents No.7 and 8. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In pursuance of the order dated November 25, 2010 passed by this Court, Dr. Harkesh Singh Sidhu, Deputy Commissioner, Sangrur is present in Court. The controversy involved in the present writ petition was noticed by this Court, while issuing notice of motion on October 6, 2010, which reads as under: “Learned counsel for the petitioners submits that the amount of Rs.2,00,000/- was granted under the Rural Development Funds Scheme for repair and construction of streets and drains and the Block Development and Panchayat Officer, Malerkotla-2, vide communication dated 1.6.2010 (Annexure P1) gave directions that the said funds are to be diverted for constructing metalled road from the house of Kaweli Wala to Darwaja and from the house of Avtar Singh to the house of Kulwinder Singh, at the instance Civil Writ Petition No.18178 of 2010 (O&M) of respondents No.7 and 8. Learned counsel further submits that lateron the directions given in the communication (Annexure P1) were considered by Gram Sabha in its meeting and the resolution has been passed that the funds are to be used for streets and drains for which it was originally allocated by the Government. Learned counsel further submits that by not following the mandate, the District Development and Panchayat Officer, Malerkotla-2, at the instance of the Deputy Commissioner, Sangrur, vide order dated 1.10.2010 (Annexure P5), had appointed an Administrator. Learned counsel further submits that the persons, who were elected as representatives of the people, are in the better position to manage the funds, allocated by the Government, for the construction of streets and drains and the official respondents cannot give directions to favour somebody. Issue notice of motion for 15.11.2010. Till then, the operation of the order dated 1.10.2010 (Annexure P5) shall remain stayed.” The Deputy Commissioner, Sangrur, who is present in Court, has filed an affidavit, wherein it has been stated that no such direction was issued by the Deputy Commissioner. Relevant portion of the affidavit reads as under: “3. That Sh.Jagwinderjit Singh Sandhu, the then DD&PO, Sangrur, now posted as DD&PO, Barnala has written letter No.1891 dated 26.4.2010 to B.D.P.O. Malerkotla-2 and directed him to visit the spot and submit the report. After that, BDPO, Malerkotla-2 sent his report to DD&PO, Sangrur vide letter No.381 dated 5.5.2010. After that, DD&PO, Sangrur at his own level granted permission for the above said purposes vide letter No.2094/REA dated 25.5.2010 without getting approval of the deponent. The deponent has neither granted any approval nor has authorized him to sign on his behalf. The deponent has already recommended to Financial Commissioner-cum- Secretary, Govt. of Punjab, Rural Development & Panchayat 2 Civil Writ Petition No.18178 of 2010 (O&M) Department for taking appropriate action against the above said DD&PO.” Counsel for the State has made a statement that order dated 1st October, 2010 (Annexure P-5), whereby the Administrator was appointed, shall be immediately withdrawn and out of the grant of Rs.2.00 lakh, an amount of Rs.80,000/- has been spent against the wishes of the Gram Panchayat, therefore, an additional amount of Rs.80,000/- by way of a grant, shall be disbursed to the Gram Panchayat to carry on the works, for which it had passed the resolution. Counsel for the petitioners has prayed that in view of the statement made by counsel for the State, he will not press the present writ petition and the same be dismissed as such. Ordered accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE November 29, 2010 rps 3