High Court Punjab-Haryana High Court

Gram Panchayat Rajoke vs State Of Punjab And Others on 17 October, 2008

Punjab-Haryana High Court
Gram Panchayat Rajoke vs State Of Punjab And Others on 17 October, 2008
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                C.W.P. No. 17957 of 2008
                                       DATE OF DECISION : 17.10.2008

Gram Panchayat Rajoke, Block Valtoha, Tehsil Patti, District Amritsar
                                                         .... PETITIONER

                                 Versus

State of Punjab and others

                                                     ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR. JUSTICE JASWANT SINGH


Present:    Mr. Rajinder Sharma, Advocate,
            for the petitioner.

                        ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner Gram Panchayat has filed this petition under

Articles 226/227 of the Constitution of India for quashing the order dated

16.7.2008, passed by the Deputy Commissioner, Amritsar, whereby it has

been ordered that the amount of Rs. 1,03,000/-, received from the Central

Government under the Model Gram Scheme for various development works

of the village, be spent through the Executive Engineer, Panchayati Raj,

Tarn Taran (respondent No.3 herein).

Counsel for the petitioner contends that the said order is

contrary to Sections 30, 86 and 89 of the Punjab Panchayati Raj Act, 1994.

The primary contention of counsel for the petitioner is that the aforesaid

amount is a grant of the Gram Panchayat and the same can be spent only by
CWP No. 17957 of 2008 -2-

the Gram Panchayat.

After hearing counsel for the petitioner Gram Panchayat and

going through the aforesaid provisions, we are prima facie of the opinion

that the aforesaid amount is not a grant to the Village Gram Panchayat. It is

an amount, which is to be spent for the development of the village under the

Model Gram Scheme. Therefore, in our opinion, the Deputy Commissioner,

Amritsar, is fully justified to order for spending of the said amount through

respondent No.3. Thus, we do not find any ground to interfere in the

impugned order.

Dismissed.



                                       ( SATISH KUMAR MITTAL )
                                               JUDGE



October 17, 2008                          ( JASWANT SINGH )
ndj                                             JUDGE