Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2398 of 2013 Date of Decision : February 04, 2013 Gurdeep Singh and others .....Petitioners versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.M.L.Saggar, Senior Advocate, with Mr.B.S.Dhaliwal, Advocate, for the petitioneRs.Mr.Manot Bajaj, Additional AG, Punjab.
-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.”
2. To be referred to the Reporters or not?.”
3. Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) Notice of motion.
Mr.Manot Bajaj, Additional Advocate General, Punjab, accepts notice on behalf of the respondents.
Let two copies of the writ petition be supplied to the learned State counsel during the couRs.of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non- prosecution.
In view of the nature of order which we propose to pass, there is no necessity to seek any counter reply from the respondents at this stage.
The grievance of the petitioners is against the notification dated 17.12.2012 (Annexure P-4) issued by the Department of Rural Development and Panchayats, Punjab, whereby the petitioneRs.village Bondli, Block Machhiwara, CWP No.2398 of 2013 [2].District Ludhiana, has not been declared as Gram Sabha for the purpose of constituting a Gram Panchayat.
Their grievance is that pre-empted notification has been issued by the Rural Development and Panchayat Department, ignoring the fact that against the proposal put-forth by the Local Bodies Department to include their village within the municipal area of Samrala, the villagers including the petitioners have already submitted their objections and those objections are still under consideration of the department concerned.
To substantiate their plea, the petitioners have placed on record a copy of the objections dated 24.12.2012 (Annexure P-3).Having heard learned counsel for the parties, it does appear to us that if the objections of the petitioners or other villagers against inclusion of their village within the municipal limits of Samrala are accepted and it is decided to exclude that village from the municipal limits of Samrala, it would become imperative upon the Department of Rural Development and Panchayat to declare the village of the petitioners as a Gram Sabha and consequently to constitute a Gram Panchayat.
Since the Department of Local Bodies has yet not decided the petitioneRs.objections, we deem it appropriate to dispose of this writ petition with a direction to respondent No.2 to consider and decide the pending objections, as per the prescribed procedure and after given an opportunity of hearing to them, may be in representative capacity, within a period of two months from the date of receiving a certified copy of this order.
Suffice it would be to observe that in the event of acceptance of the objections and exclusion of the petitioneRs.village from the municipal limits of Samrala, the consequential action regarding formation of Gram Sabha or constitution of Gram Panchayat shall be taken by the fiRs.respondent within a period of one month from the CWP No.2398 of 2013 [3].date of decision to be taken by respondent No.2.
Ordered accordingly.
Let a copy of this order be given dasti to Mr.Manot Bajaj, Additional Advocate General, Punjab, for information and necessary compliance.
Dasti.
$ (SURYA KANT) JUDGE $ February 04, 2013 (R.P.NAGRATH) Mohinder JUDGE