CWP-38668-2025 (O&M) -1- !"#$!%&'&"()*++ ,- (%. / 0&112!.3.!415 .,"32. & '6,7(%. …….Petitioner Versus 6 !"# 3(89($" .!,' ..…Respondents ) :;+ 66 Present : Mr. Ajay Pal Singh, Advocate for the petitioner. *** 6 5+< ;= 1. Prayer in the present petition filed under Articles 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari for setting aside the order dated 19.11.2025 (Annexure P+3) issued by Deputy Economic and Statistical Advisor, Gurdaspur (respondent No.5), whereby the development works have been entrusted to respondents No.6 & 7 herein for execution. 1.1 A further prayer has been made for issuance of appropriate directions for directing the respondents to allot the development works mentioned in the order dated 19.11.2025 (Annexure P+3) to the petitioner + Gram Panchayat, Chuhewal for execution. 2. Present writ petition has been filed by petitioner + Gram Panchayat through its Sarpanch, on the plea that recently a financial grant ₹ to the tune of 11 lakhs has been sanctioned and released under the ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -2- Member of Parliament Local Area Development Scheme (MPLAD) for doing the following development works. Sr. No. Village Name of work Amount (in lacs) 1. Chuhewal Construction of boundary wall of Government Middle School 1.00 2. Chuhewal Solar lights 2.00 3. Chuhewal Sewerage 8.00 Total 11.00 2.1 It is stated that upon release of the aforesaid funds, Deputy Economic and Statistical Advisor, Gurdaspur (respondent No.5) vide its letter dated 07.11.2025 (Annexure P+1) sought estimates/quotations for the above referred works; whereupon the office of Block Development and Panchayat Officer, Qadian (Gurdaspur) got the estimates prepared and forwarded the same to respondent No.5, vide its letter dated 10.11.2025 (Annexure P+2). 3. It is case of the petitioner + Gram Panchayat that the coram of their Panchayat is complete and they are fully competent to execute the above+referred works however the respondent No.5 vide the impugned letter dated 19.11.2025 (Annexure P+3) has entrusted the execution of the said works to the respondents No.6 & 7 herein i.e. Executive Engineer, Panchayati Raj, Gurdaspur and Executive Engineer Mandi Board, Gurdaspur, respectively. ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -3- 4. It is contended that under the Punjab Panchayati Raj Act the development works are executed through Gram Panchayat only and not through any other Government Agency, however, despite various representations as well as the legal notice dated 25.11.2025 (Annexure P+4) issued by the petitioner + Gram Panchayat, no heed has been paid to the same and rather vide letter dated 04.12.2025 (Annexure P+5), the request of the petitioner+ Gram Panchayat, has been declined. 5. In view of the aforementioned circumstances the present petition has been filed before this Court seeking relief(s) as mentioned hereinabove. 6. At this stage, Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab, appears on behalf of the respondent-State, in pursuance of the advance copy of paper book having already been supplied to him, and opposed the claim made by petitioner+ Gram Panchayat. By referring to impugned letter dated 19.11.2025 (Annexure P+3), learned State counsel submitted that for executing the development works, namely, for construction of sewerage for disposal of sludge water (Rs. 8 lakhs) and for construction of boundary wall of Government Middle School (Rs. 1 lakh), the Executing Agency has been nominated as Executing Engineer, Panchayati Raj, Gurdaspur, which is a Government Agency. 7. It is submitted that since the aforesaid development works are technical in nature, therefore, they are required to be executed under the technical supervision of the concerned Government Agency and strictly according to the technically approved estimates and no deviation therein is allowed. It is further submitted that the work has been directed to be ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -4- executed from the Government Agencies so as to ensure timely completion of the work and also keeping in view the fact that the responsibility of maintenance and up+keeping of the said work has been assigned to the concerned Executing Agency as well, which may not be possible for the Gram Panchayat to achieve. It is further contended that for executing development works under MPLAD scheme, Panchayati Raj institutions do not have exclusive domain and the works can be executed through other agencies as well. Reliance is placed upon an order dated 16.05.2013 in CWP No.3788 of 2013, titled as Accordingly, learned State Counsel has prayed for dismissal of the writ petition. 8. Heard. 9. During the course of hearing, specific query was raised to the learned counsel for the petitioner – Gram Panchayat, as to how and through whom, the above-referred development works namely construction of sewerage for disposal of sludge water and boundary wall of Government Middle School will be executed. In response thereto, it has been submitted by the learned counsel for the petitioner that the Gram Panchayat would call for tenders and appoint an outside agency for executing the said works. 10. In my considered view, since the development works namely construction of sewerage for disposal of sludge water as well as the construction of boundary wall of Government Middle School are technical works, therefore, the same are required to be executed through a Government Agency, which has been duly done in the present case. The reasoning put forth on behalf of the learned State counsel for entrusting ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -5- these works to the specialised Government Agency is well-founded, so as to ensure timely completion of the development works and also the entrustment of maintenance thereof to the said Government Agency as well. On the other hand, in case the said development works are to be carried out through the petitioner – Gram Panchayat, in that eventuality, not only the execution of the works be delayed but it would also involve third party and supervision of the work may prove to be difficult. Considering the technical nature of the development works to be executed, I am of the considered view that the same has been rightly entrusted to the Government Agency for execution, vide the impugned letter dated 19.11.2025 (Annexure P-3) and it does not need any interference by this Court. 11. That apart, the issue as to whether the amount released under the Member of Parliament Local Area Development Scheme is necessarily required to be utilized only through the Gram Panchayat and no other agency is no more res integra, as the same also stands decided by a Co-ordinate Bench of this Court vide order dated 16.05.2013 in CWP No.3788 of 2013, titled as “Gram Panchayat village Kahnuwa versus State of Punjab and others”, wherein it was held as under:- ! " # $ $ % & ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -6- &' ('') *( +,-. % $ $ +,-. % $ /$ , # ('') # 0 # 1% $ . # $ # # $$ $ # +$ ,$ . # # # $ 2( +,-. % $ % /$ , # % & /$ , # % &' ('') +,-. % $ # $ # $# # " +,-. % $ +,3 $$ 0 $ $ $$# # 0 4 $ % $ 5 0 $# 6 $ # +,-. % $ /$ ! $ # 4 +$ ,$ # (''2 " $ $ 4 $ +, # $ ('')1'7 $ (''&1'' " $ 4 $ # ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -7- *((1( " # # $ $ $ $ $$ % $ +# % ,$$ $$ " $ % 8"3 # $ +,-. % $ $$ . 9 $ $ $ +,-. % $ , $$ 0 $ : ;< +, $$ 0 $ # $ 1!!! . # " . # 0 % /$; = $ 1 $ $ . #; , > (* (( . # $$ # # : ;. . +. # $$ # . # $$ +,-.% ! . , $$ $ # % /$ < ? . , $$ . # ! + $$ < ? $# ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -8- . # ! # /$ ! %8" /$ . # +,-.% $$; " . # # # 0 $$ # +, " # # . # $$ # " , # 4 ! =,4!@ # !$$ # 0 $$ < ,4! " !$$ # $$ $$ < ? + 0 + 6 . # $# /$ . $ /$ # >1 /$ ? 5 =>/?@ $$ 0 # !$$ 6 0 /$ . $ . # , < 4 8 A <# A . $ !$$ >/? $$ # B " >/? # > # $$ . # " !$$ >/? % ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -9- $ # $$ $ $$ 0 # # $ 4$$ # # +,3 $ % # !$$ # # . # # > (* C (( > 22 . . # # !$$ # ! /$1, # 0 B $ *(*(2 = ,1(@ 6 1/$ , # $ $ !$$ # $ . # # < # 4 >2 >7 < # $ # < # /$ . $ . $ # $0 >2 # >7 < # +,-. % $ % $ # $ # ! $ ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -10- /$ , # D +3 =@ +,-. $ %$# A $ % =@ 3 %$ # +,-. % $ 6 +,-. % $ 3 %$ $ >$ **7 *( ! (( !$$ # 3 %$ $ > $ A $ % 3 =@ # , # 4 ! !$$ # +,-. % $ # +,-. % $ , # 4 ! # !$$ # " $ # 3 %$ > $ A $ % 3 =@ # , # 4 ! !$$ # A $ % 3 =@ # , # 4 ! # /$ # <!$$ # , # 4 ! $ 5 # !$$ # . # # , # 4 ! $ $ # , # 4 ! $ ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -11- /$ . $ !$$ # 6 $ $ # # $ %$$ $ $0 # 3 %$ ! "#$$#%&'(()&& # +,-. % $ B $ $ B " 0 $$ # $$ $ $ $ $ . # >2 # # > 7 /$ . $ !$$ # 0 B# $# # ! $ # >2 $ # " *(*(2 = ,1(@ ! B ! $$ B # 0 $ $$ $ . # $ $ # # !$$ # , # 4 ! /$ . $ /$ # > /$ ? 5 =>/?@ $$ ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP-38668-2025 (O&M) -12- 0 # ! . # >7 !$$ # # +,-. % $ # (( 6 # # # $ 0 # 1 > $ $ $ $ $ # " $ > $ E 12. Considering the totality of circumstances, I find no merit in the petition and the same is accordingly dismissed. 13. All pending applications (if any) shall also stand closed. !9,3,/*5 6 ankit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ANKIT 2026.03.05 11:32 I attest to the accuracy and integrity of this document High Court, Chandigarh

GRAM PANCHAYAT VILLAGE CHUHEWAL BLOCK QADIAN DISTRICT GURDASPUR v. STATE OF PUNJAB AND ORS

Judgment text