Mehinder Singh Sullar , J. - (1.) CONCISELY , the facts, culminating in the commencement, relevant for disposal of the instant writ petition and emanating from the record, are that initially Gram Sabha, Behlolpur, District Mohali(Respondent No. 4) was in existence. Out of the said Gram Sabha, a new Gram Sabha in the name of Jhujhar Nagar, was carved out and was notified as Gram Sabha Jhujhar Nagar, in view of the provisions of Sections 3 and 4 of The Punjab Panchayati Raj Act, 1994 (hereinafter to be referred as "the Act"). The Director Rural Development and Panchayat, Punjab, Mohali(Respondent No. 2) (for brevity "the Director") was stated to have directed all the Block Development and Panchayat Officers of the State including the Block Development and Panchayat Officer(Respondent No. 3) (for short "the BDPO") to distribute the area of respective Gram Sabhas, by way of letter dated 17.11.1998(Annexure P -1). Consequently, the area of respective Gram Sabha was distributed by Respondent No. 3. In the wake of distribution of the area, the mutation in question was ultimately sanctioned in favour of Petitioner -Gram Panchayat, vide order dated 29.07.2008(Annexure P -4).
(2.) PETITIONER -Gram Panchayat Jhujhar Nagar claimed that Gram Panchayat Behlolpur(Respondent No. 4) filed a petition under Section 199 of the Act, for cancellation of the Resolution dated 25.02.2004 before the Director, which was dismissed by means of order dated 27.10.2009, Endst. dated 19.02.2010 (Annexure P -5). Thereafter, Respondent No. 4 filed the revision petition(Annexure P -6) under Section 201 of the Act before the Secretary, Rural Development and Panchayat, Punjab, Chandigarh(Respondent No. 1). According to the Petitioner, Respondent No. 1 did not issue any notice to it, rather on the first date of hearing, remanded the matter back to the Divisional Deputy Director, Patiala, to redistribute the area of respective Panchayats, by virtue of impugned order dated 09.08.2010(Annexure P -7). The Petitioner did not feel satisfied and preferred the instant writ petition, challenging the impugned order(Annexure P -7) in this context, invoking the provisions of Articles 226/227 of the Constitution of India.
(3.) AFTER hearing the learned Counsel for the parties, going through the record and legal provisions with their valuable assistance and after considering the entire matter deeply, to my mind, the present writ petition deserves to be accepted in this respect.;