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| DB Upholds direction of Writ Court for constitution of 3-Member Committee | | Petition challenges re-organization of districts | | Early Times Report
Jammu, Aug 17: (JNF): The in-habitants of Ghulab Bagh has challenging the order concerning reorganization of Districts. They claimed that Patwar Halqa Buchpora and Zakura have been wrongly excluded from District Ganderbal and illegally included in District Srinagar. Accordingly, an appropriate order for quashing notification SRO No. 185 dated May 22, 2007 was sought. Some consequential reliefs were also sought. However, the writ petitioner-respondent through their counsel pointed out that inclusion or exclusion of an area into a particular district is a matter of policy of a State and, therefore, the writ petitioner-respondent be permitted to pursue their representation pending before the respondent-State. The writ petition was disposed of with the following observation:- "counsel for the petitioner states that the matter pertains to the exclusion of Patwar Halqa Buchpora and Patwar Halqa Zakura from Ganderbal and its inclusion in Srinagar. counsel states that this being a policy matter, the petitioners have already filed a detailed representation to the Honble Chief Minister for consideration and appropriate orders in light of the pleas raised in those representations. He states that the grievance of the petitioners would be redressed in case the State considers the representations after providing due opportunity of hearing to the petitioners. In the circumstances and in view of the submissions made, this petition is disposed of with the direction to the State Government to constitute a committee of three senior officers to examine the matter. They shall consider the representations of the petitioners already filed. If the need arises the petitioners may file a fresh representation before the State Govt through Deputy Commissioner, Ganderbal within four weeks from today. On receipt of the representation the committee shall consider the matter, give due opportunity of hearing to petitioners and other concerned parties and pass appropriate orders in terms of the rules prescribed on the subject within a period of six months and disposed of petition." Aggrieved by the order of Writ Court, the State of J&K and ors filed by Letters Patent Appeal, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar, considered the judgment of Writ Court and after hearing both the sides observed that " We are unable to appreciate the endeavour of the appellant-State in filing the instant appeal. It is not understood but possible grievance could be raised by the appellant-State against the impugned order. On our query, N. H. Shah, Deputy Advocate General has stated that the appeal is necessary because the Single Judge did not consider any of the objections filed by the State-appellant.
This landmark judgment written by Chief Justice MM Kumar for the Division Bench further observed that Once the matter has been left to the decision of the State, there was hardly any room to take into account any other plea. The appeal is wholly without merit and does not warrant admission and the same is accordingly dismissed. |
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