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Ranjit Kaur & Ors v. State of Punjab & Ors - CWP-2623-2005  RD-P&H 2506 (24 April 2006)
CWP No.2623 of 2005
Date of Decision: 27.04.2006
Ranjit Kaur and others
State of Punjab and others
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
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 )
April 27, 2006 (Vinod K.Sharma)
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