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| SRO can't be quashed by mandamus writ:HC | | | S Sabaqat
Srinagar, Nov 1: A SRO cannot be quashed by way of Mandamus, Jammu and Kashmir High Court has ruled while dismissing a Public Interest Litigation filed by residents of a village in central Ganderbal district, seeking directions to remain part of Srinagar as they were prior to the carving out of new districts.
"The prayer which the petitioners have made in the PIL cannot be granted for the simple reason that by way of writ of Mandamus SRO cannot be quashed," a division bench comprising Justices Mansoor Ahmad Mir and Ali Mohammad Magrey said while dismissing the PIL filed by villagers of Warpahoo village, an erstwhile area of Srinagar close to Hazratbal shrine.
"More so the decision of executive cannot be gone into unless it is shown to be ultra vires to the Constitution, which is not the case in PIL." The villagers of Warpahoo, presently part of Ganderbal district, had appealed to the court to quash SRO-319 of 2013 with the prayer that the government be directed to continue to treat the village as part of Srinagar Municipal Corporation and continue to provide all benefits, services and facilities as they had been receiving earlier. "It is for the Executive to see as to which area is to be excluded/included from Municipal limits of Srinagar Municipal Corporation," the bench said, adding, "We do not see any ground to entertain this PIL. In fact there is no public interest involved in this petition," the court said. While dismissing the PIL, the court took a lenient view by not imposing any fine even as describing it as a fit case "where petitioners deserve to be burdened with costs." "In the interest of justice, we refrain from doing so (imposing costs)," the court said. |
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