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