SURENDER SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner has prayed for a writ in the nature of certiorari for quashing letter/order dated 6.12.2013 (Annexure P/1) passed by Deputy Commissioner, Sonipat and order dated 12.12.2013 (Annexure P/2) passed by Block Development & Panchayat Officer, Gannaur. Orders have been assailed on the ground that petitioner being elected representative of inhabitants of the village is entitled to carry out the development works in the village. Orders, Annexures P/1 & P/2 are unsustainable being violative of Haryana Panchayati Raj Act, 1994.

(2.) After notice of motion was issued, State filed reply stating that petitioner had failed to carry out the development works in the village and utilise the grants. Block Development & Panchayat Officer was thus, authorised to carry out the necessary works. On 29.4.2014, this court had raised a query about the development work carried out in the village by the government official pursuant to orders (Annexures P/1 & P/2). Today, a status report has been filed by the State by way of' affidavit of Ramphal Singh, Block Development & Panchayat Officer pointing out various development works carried out in the village. Affidavit is taken on record.

(3.) After hearing learned counsel for the parties and due consideration of the merits, I am of the considered view that no interference in the writ jurisdiction is called for. According to stand of the State, petitioner did not carry out any development work in the village for which amount of Rs. 1,38,40,000/- had been received from the Government. This grant remained unutilised by the petitioner. As a result, orders (Annexures P/1 & P/2) were passed authorising BDPO to carry out necessary development works in the village. A perusal of status report filed today by way of affidavit of BDPO shows that number of development works have been carried out in the village by the BDPO. According to instructions Annexure R/3 annexed with the reply, time limit has been fixed for starting the development work. Para 7 of the instructions reads as follows:-