The High Court dismissed the writ petition as it transpired that the petitioner had failed to file a requisite complaint with the Director Panchayat, Punjab. The court allowed the petitioner to file such a complaint within seven days.
Petitioner permitted to make a complaint to the Director Panchayat, Punjab within seven days.
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In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 14173 of 2012
Date of Decision: 27.7.2012
Salwinder Singh and Others
... Petitioners
Versus
State of Punjab and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.
Present: Mr. R.S. Bains, Advocate for the petitioner.
Jasbir Singh, Acting Chief Justice (Oral)
In this writ petition, it is grievance of the petitioner that Harbhajan Singh, Sarpanch of village Padhri Kalan (respondent No.10) has encroached upon the village pond after filling it up. It is the property of the Gram Panchayat. It is further alleged that the said act has been done in connivance with respondents No.6 to 9. It is further stated that to help the Sarpanch-respondent No.10, Gurcharan Singh, Panchayat Secretary (respondent No.9) has forged the record. It is prayer of the petitioner that action be taken against the above said individuals and land of Gram Panchayat be got vacated from them.
During the course of arguments, it is transpired that the petitioner has already made representations dated 28.5.2009 (Annexure P1), dated 25.5.2011 (Annexure P3) and dated 7.6.2012 (Annexure P4) to the concerned authorities. However, it appears that due to some
Civil Writ Petition No. 14173 of 2012
2
inadvertence, the complaint was not made before the Director Panchayat, Punjab.
In the circumstances, we dispose of this writ petition and permit the petitioner to make a complaint/representation to the Director Panchayat, Punjab, within seven days from today. If the petitioner does so, the concerned officer shall take up the matter and dispose it off within one month thereafter.
(Jasbir Singh) Acting Chief Justice
(Rakesh Kumar Jain) Judge
July 27, 2012 “DK”
1 issue framed by the court
Whether the High Court should grant other relief when the petitioner could have made an enquiry complaint to the Director Panchayat, Punjab.
Salwinder Singh and Others
State of Punjab and Others
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
