High Court of Punjab and Haryana, Chandigarh
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Smt. Darshana Devi v. State of Haryana & Anr - CWP-15495-2003  RD-P&H 2500 (21 April 2006)
CWP No.15459 of 2005
Date of Decision: 27.04.2006
The Special Secretary, Punjab Government, Rural Development & Panchayat Department, Punjab, Chandigarh and others Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE VINOD K.SHARMA
Present: Shri Arun Jindal, Advocate for the petitioner Shri P.S.Chhina, Additional Advocate General, Punjab for respondent Nos.1 and 2
Shri J.S.Bhandohal, Advocate for respondent No.3 JUDGMENT
Petitioner who is a Sarpanch of Gram Panchayat Village Balad Kalan, Tehsil Bhawanigarh, District Sangrur, has filed this writ petition against order Annexure P/3 dated 4.5.2005, vide which, an Administrator was appointed to conduct cases relating to `Shamlat Deh land' and also against order passed in appeal i.e. Annexure P/1 dated 7.7.2004.
It is grievance of the petitioner that before passing the order, under challenge, no notice and hearing whatsoever, was given, as is necessary, under the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (in short the Act).
Shri Chhina has failed to controvert the averments made by counsel for the petitioner.
In view of provisions of Section 200 of the Act and ratio of the judgment in Harbans Kaur Kainth v. State of Punjab, 2002(2) P.L.J. 393, this writ petition is allowed and orders, Annexures P/1 and P/3, under challenge, are set aside. However, liberty is granted to the authorities, to take any action, if need be, as per law.
( Jasbir Singh )
April 27, 2006 (Vinod K.Sharma)
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