JUDGMENT :

HARSH BUNGER, J. 

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 Rs.11 lakhs has been sanctioned and released under the Member of Parliament Local Area Development Scheme (MPLAD) for doing the following development works.

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.

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 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 developme