Jammu & Kashmir High Court - Srinagar Bench
State Of J&K And Ors vs Residents Of Gulab Bagh on 6 August, 2012
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR LPA No. 259 of 2009 IA No. 388 of 2009 State of J&K and ors. Petitioners Residents of Gulab Bagh Respondents !Mr. N. H. Shah, Advocate ^Mr. Z. A. Shah, Advocate Mr. A. Hanan, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Muzaffar Hussain Attar, Judge Date:06/08/2012 : J U D G M E N T :
Per M. M. Kumar, CJ
1. The instant appeal under Clause 12 of the Letters Patent is directed against order dated 03.08.2009 rendered by the learned Single Judge, while disposing of OWP no. 434/2007. The writ petitioner-respondent has approached this Court by 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 22.05.2007 was sought. Some consequential reliefs were also sought. However, the writ petitioner-respondent through their learned 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:-
Learned 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.
Learned 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 without 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.
Disposed of.
2. 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, Mr. N. H. Shah, learned Deputy Advocate General has stated that the appeal is necessary because the learned Single Judge did not consider any of the objections filed by the State-appellant.
3. 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. The same is, accordingly, dismissed.
(Muzaffar Hussain Attar) (M.M.Kumar)
Judge Chief Justice
Srinagar
06.08.2012
Parshant Sharma