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2013 DIGILAW 543 (PNJ)

Gram Panchayat Kot Grewal v. Director, Rural Development and Panchayat, Punjab

2013-04-29

AMOL RATTAN SINGH, SATISH KUMAR MITTAL

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JUDGMENT : - SATISH KUMAR MITTAL, J. This order shall dispose of L.P.A. No.1798 of 2012 filed by the Gram Panchayat Kot Grewal and C.W.P. No.5982 of 2013 filed by the inhabitants of village Kot Grewal. For facility of reference, the facts are extracted from L.P.A. No.1798 of 2012. Gram Panchayat Kot Grewal has filed this Letters Patent Appeal against the order dated 3.11.2012 passed by the learned Single Judge, whereby the writ petition (C.W.P. No.21895 of 2012) filed by the appellant challenging the order dated 15.10.2012 (Annexure P-14) passed by the Director, Rural Development and Panchayats Department, cancelling the resolution dated 17.2.2012 passed by the Gram Panchayat village Kot Grewal, has been dismissed by the learned Single Judge, in limine. During the course of hearing, it transpires that against the order of cancellation of resolution passed by the Director, Rural Development and Panchayats Department, the appellant has a statutory remedy of revision before the Government which the appellant has not availed. After hearing the learned counsel for the parties, we are of the opinion that in the facts and circumstances of the case, particularly the fact that the dispute in question is with regard to putting dirty water from one pond to another pond of the village, and further in view of the fact that the Government/Administration can resolve such dispute after hearing the concerned parties, keeping in view the interests of the entire village community, the appellant should have approached the Government by availing the statutory alternative remedy of revision. Therefore, we permit the appellant to withdraw the appeal with liberty to avail the alternative remedy of revision before the Government against the decision of the Director, Rural Development and Panchayats Department and further direct the Revisional Authority not to be influenced by dismissal of the writ petition in limine. Dismissed as withdrawn with the aforesaid liberty. In view of the aforesaid order passed in the Letters Patent Appeal, C.W.P. No.5982 of 2013 filed by the inhabitants of village Kot Grewal for issuing direction to respondents No.1 to 6 not to interfere in completing the work of putting the underground pipes for transferring the overflowing dirty water of one one pond to another larger pond, has become infructuous and the same is dismissed as such.