GURJANT SINGH Vs. SPECIAL SECRETARY PUNJAB GOVERNMENT

JUDGEMENT

(1.) Petitioner who is a Sarpanch of Gram Panchayat Village Balad Kalan, Tehsil Bhawanigarh, District Sangrur, has filed this writ petition against order Annexure P/3 dated 4.5.2005, vide which, an Administrator was appointed to conduct cases relating to 'Shamlat Deh land' and also against order passed in appeal i.e. Annexure P/1 dated 7.7.2004. It is grievance of the petitioner that before passing the order, under challenge, no notice and hearing whatsoever, was given, as is necessary, under the provisions of Section 200 of the Punjab Panchayati Raj Act, 1994 (in short the Act).

(2.) Shri Chhina has failed to controvert the averments made by counsel for the petitioner.

(3.) In view of provisions of Section 200 of the Act and ratio of the judgment in Harbans Kaur Kainth v. State of Punjab, 2002(2) P.L.J. 393, this writ petition is allowed and orders, Annexures P/1 and P/3, under challenge, are set aside. However, liberty is granted to the authorities, to take any action, if need be, as per law.