Writ petition for mandamus to direct handover of R.D.F. grant to the petitioner Gram Panchayat was disposed of as infructuous because the grant had already been spent on completed work, and respondents had issued corrective instructions.
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Civil Writ Petition No. 18819 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 18819 of 2011 Date of decision : 15.11.2012
Gram Panchayat Ajnoda Kalan Block Nabha District, Patiala through Gurmail Singh Panch
.....Petitioner
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr. R.K. Garg, Advocate for the petitioner.
Mr. Sushant Maini, Addl. A.G. Punjab for the State
RANJIT SINGH, J.
This writ petition has been filed seeking writ of mandamus directing the respondents to hand over the grants given to respondent No. 2, XEN Panchayati Raj under the R.D.F. scheme for Development works to the petitioner Gram Panchayat and for further direction not to allow respondent No. 2 to spend the grant by executing the work in the village.
In response to notice of motion, Executive Engineer/respondent No. 2 has filed common reply on behalf of respondents No. 1 and 2. Reliance is placed on instructions issued by the Government dated 01.12.2003 and 20.12.2012 whereby grant of Rs. 15 lakhs has been rightly given to respondent No. 2 for
Civil Writ Petition No. 18819 of 2011
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construction of streets and drains in the village Ajnoda Kalan, Tehsil Nabha. It is also stated that the work has since been completed and the grant of Rs. 15 lakhs has already been utilized for the work it was granted.
A reference has been made to C.W.P. No. 9417 of 2006 decided on 21.08.2006 whereby directions were issued by this Court that all the grants should be disbursed to the Gram Panchayat. Despite that the Government had issued instructions in the year 2011 contrary to the directions issued by this Court.
Additional reply has now been filed to say that the said instructions have been withdrawn and new instructions have now been issued on 05.10.2012 to the effect that all the grants shall be disbursed through Gram Panchayat. Respondents ought to have realised that the earlier instructions issued on 20.12.2011 were contrary to the directions issued by this Court in a Civil Writ Petition No. 9417 of 2006. Despite the orders which was passed on 21.08.2006 the instructions contrary to the directions issued by this Court were issued which can not be considered appropriate. Since now the instructions issued on 05.10.2012 have been withdrawn. The respondents have taken corrective measures. No case for further pursuing this issue is, therefore, made out. The grant which was released to the respondents has already been spent and to that extent the writ petition would be rendered infructuous. The respondents would ensure compliance of the order passed by this Court strictly in future and any violation may not be ignored.
The writ petition is, accordingly, disposed of.
reena
( RANJIT SINGH ) JUDGE
November 15, 2012
1 issue framed by the court
Whether the petitioner is entitled to the grant given under R.D.F. scheme directed to be given to the Gram Panchayat.
Colour shows how this judgement treated each authority
C.W.P. No. 9417 of 2006Explained¶23
Gram Panchayat Ajnoda Kalan
State of Punjab
XEN Panchayati Raj
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
