GRAM PANCHAYAT BEAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Gram Panchayat through its Sarpanch -Savita Rani has filed this petition for issuance of a writ in the nature of Mandamus directing the official-respondents 1 to 4 to distribute the assets/property of respondent No. 5 which was joint prior to June, 1998. The relevant facts for deciding this petition may be, briefly, noticed.

(2.) PETITIONER -Gram Panchayat has stated that upto November 1997, there was a Gram Panchayat in the Revenue Estate of Budha Theh bearing hadbast No. 9 situated in the area of Tehsil Baba Bakala, Block Rayya, District Amritsar. Vide notification, Annexure P-2 dated Nil October, 1997, out of this one village, another two Panchayats were formed, namely Bias and Guru Nanak Pura. This notification was issued under Section 3 of the Punjab Panchayat Raj Act. 1994 (hereinafter referred to as the 'Act'). Further the petitioner has alleged that as per the Act, the properties, i.e. the liabilities and the assets of the Gram Panchayat Budha Theh have got to be distributed proportionately amongst the petitioner No. 1, i.e., Gram Panchayat-Bias and respondent No. 6, i.e., Gram Panchayat-Guru Nanak Pura. Section 3 and its sub-sections (2) and (3) of the Act are reproduced as under :-

(3.) PETITIONER -panchayat (Bias) and respondent No. 6 Gram Panchayat Guru Nanak Pura filed joint petition vide representation Annexure P-3 dated 5.8.1998 to the Deputy Commissioner, Amritsar who has been arrayed as a party-respondent No. 3, but in spite of this representation, no action has been taken till date.