Gram Panchayat vs State Of Punjab And Others on 18 December, 2008

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH


                                      C.W.P. No. 6493 of 2006
                                      Date of Decision: 18.12.2008



Gram Panchayat, Chak Duhewala

                                                   ....Petitioner

                         Versus


State of Punjab and others

                                                   ...Respondents


CORAM : Hon'ble Mr. Justice J.S. Khehar.
        Hon'ble Ms. Justice Nirmaljit Kaur


Present:-    Mr. J.S. Badhowal, Advocate
             for the petitioner.

             Mr. P.C. Goyal, Additional Advocate General, Punjab
             for respondents No.1 to 7.

             Mr. R.S. Chahal, Advocate
             for respondents No.8 and 9.


J.S. KHEHAR, J. (ORAL)

At the time of filing of instant writ petition, the prayer at the

hands of the Gram Panchayat Chak Duhewala, Block and District Muktsar

was that the order dated 13-06-2005 (Annexure P-5) passed by the

Financial Commissioner and Secretary to Government of Punjab,

Department of Rural Development and Panchayats, be set aside, or

alternatively, respondents No.1 to 3 be directed to reconsider the entire

controversy again in furtherance of the representation made by the

petitioner on 21-12-2005 (Annexure P-6) as also in furtherance of the Legal

Notice issued by the petitioner on 07-03-2006 (Annexure P-7).
C.W.P. No. 6493 of 2006 -2-

Learned counsel for the respondents state that the instant writ

petition has been rendered infructuous on account of the fact that the State

Government has reconsidered the matter, in terms of the representation

and legal notice issued by the petitioner and has passed a fresh order

dated 30-05-2008, copy whereof has been appended to the joint written

statement, filed on behalf of respondents No.1 to 6 as Annexure R-2.

We are satisfied that the prayer made in the instant writ

petition must be deemed to have been accepted with the passing of the

order dated 30-05-2008 (Annexure R-2). As such, we are satisfied that the

instant writ petition has been rendered infructuous. It shall be open to the

petitioner to impugn the fresh order passed by the State Government on

30-05-2008 (Annexure R-2), if the petitioner is so advised.

Writ petition stands disposed of in the aforesaid terms.

                                               (J.S. KHEHAR)
                                                   JUDGE



                                            (NIRMALJIT KAUR)
December 18, 2008                                JUDGE
gurpreet