203 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.14966 of 2004 Date of Decision: 30.07.2025 Municipal Council Pathankot …..Petitioner. Versus State of Punjab .....Respondent. CORAM: HON’BLE MRS. JUSTICE LISA GILL HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Ms. Kavita Arora, Advocate for the petitioner. Mr. Saurabh Kapoor, Addl. A.G, Punjab. LISA GILL, J.(Oral) 1. Prayer in this writ petition is for quashing notification dated 25.09.1987 issued by the respondent-State under Section 17 of the Punjab New Mandi Township (Development and Regulation) Act, 1960. 2. Present writ petition was admitted on 30.03.2005 to be heard along-with CWP No.11690 of 2004. Instant writ petition as well as CWP No.11690 of 2004 were dismissed for non-prosecution vide orders dated 12.07.2018. On an application filed in this writ petition, order dated 12.07.2018 was recalled and writ petition restored to its original number. 3. It is observed in order dated 01.08.2024 passed in this writ petition that State authorities may take steps to bring about quietus to the YAG DUTT 2025.08.04 12:18 I attest to the accuracy and authenticity of this order/judgment CWP No.14966 of 2004 -2- lis by mutual discussion. Order dated 01.08.2024 reads as under:- “It is informed that the dispute has been raised by the Municipal Council, Pathankot, through its Executive Officer against the Colonization Department of the State of Punjab, alleging that notification issued for exemption of Octroi duty was unjustified and prays for declaring the notification as ulra vires to the statute. Learned counsel submits that the decision to exempt from Octroi is for the entire State and the Municipal Council is one of the limbs of the State functionaries and the litigation initiated needs to be put to quietus by mutual discussion. The state authorities may take appropriate steps and may inform the Court. List again on 16.10.2024.” 4. Learned counsel for petitioner submits that pursuant to order dated 01.08.2024, a Committee was constituted to carry out necessary deliberations. 5. It is thereafter noted in order dated 20.02.2025 passed in this writ petition that a meeting was held on 30.01.2025 under Chairmanship of the Special Secretary, Agriculture, with officials from Municipal Corporation, Pathankot as well as Colonization Department, Punjab. Writ petition was adjourned to await final outcome of proceedings. 6. Learned counsel for State submits that matter has been referred to the Empowered Committee in terms of Punjab Dispute Resolution Litigation Policy, 2020 and the same shall be considered by said YAG DUTT 2025.08.04 12:18 I attest to the accuracy and authenticity of this order/judgment CWP No.14966 of 2004 -3- Committee. 7. Learned counsel for petitioner submits that at this stage, writ petition be disposed of with liberty to petitioner to raise all available pleas before the Empowered Committee. 8. Writ petition is disposed of with aforesaid liberty. We further direct that matter be considered by the Empowered Committee expeditiously and preferably within a period of two months from receipt of certified copy of this order. (LISA GILL) JUDGE (MEENAKSHI I. MEHTA) July 30, 2025 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No YAG DUTT 2025.08.04 12:18 I attest to the accuracy and authenticity of this order/judgment