LAWS(P&H)-2013-2-185

PEHAL SINGH Vs. STATE OF HARYANA

Decided On February 01, 2013
Pehal Singh Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioners pray for issuance of writ of certiorari quashing orders dated 18.6.2012 and 9.10.2012 passed by the authorities affirming Resolution No. 1 dated 12.4.2012. Counsel for the petitioners submits that as the Principal Secretary to Government of Haryana, Department of Panchayats, Chandigarh, has held that there are no guidelines for preparing a utilization plan and it is necessary to issue guidelines, the appeal should have been allowed and not dismissed. It is further submitted that the Gram Panchayat has passed resolution No. 1 on 12.4.2012 without considering Rule 3 of the Punjab Village Common lands (Regulation) Rules, 1964 (hereinafter referred to as "the 1964 Rules").

(2.) Reply filed on behalf of respondent No. 4 in Court today, is taken on record.

(3.) Counsel for the Gram Panchayat states that the petitioners should have filed an appeal before the Assistant Collector 1st Grade, under Section 6 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act"), instead of approaching the Principal Secretary to Government of Haryana, Department of Panchayats, Chandigarh.