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RANJIT KAUR & ORS versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Ranjit Kaur & Ors v. State of Punjab & Ors - CWP-2623-2005 [2006] RD-P&H 2506 (24 April 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.2623 of 2005

Date of Decision: 27.04.2006

Parties Name

Ranjit Kaur and others

Petitioners

versus

State of Punjab and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE VINOD K.SHARMA

Present: Shri M.S.Bedi, Advocate for the petitioners Shri P.S.Chhina, Additional Advocate General, Punjab Shri Sarabjit Khera, Advocate

JUDGMENT

Petitioner who are the Sarpanch and Panches of Gram Panchayat Village Chak Mishri Khan, Tehsil Ajnala, District Amritsar, have filed this writ petition, praying for issuance of a writ in the nature of certiorari to quash order dated 13.12.2004, passed by respondent No.4, vide which, one Raj Kumar, was appointed as an Administrator, for completing pending works of the village.

It is case of the petitioners that the said order, having been passed without giving any opportunity to them and also being contrary to the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (in short the Act), deserves to be set aside. Perusal of order, under challenge, indicates that before appointing the Administrator, no opportunity was given to the Gram Panchayat, to complete the development works and further that no opportunity of hearing, as is envisaged under the provisions of Section 200 of the Act, was also afforded.

Shri Chhina has failed to controvert the facts, referred to above.

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, order under challenge, cannot be sustained. Accordingly, this writ petition is allowed and order, under challenge, is set aside. However, liberty is granted to the authorities, to pass a fresh order, if need be, as per law.

( Jasbir Singh )

Judge

April 27, 2006 (Vinod K.Sharma)

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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