Excelsior Correspondent
JAMMU, May 31: State High Court today directed the State to consider the grievances of residents of village Daranga in Bhaderwah tehsil and take appropriate decision within eight weeks.
The direction was passed in a petition filed by the residents of village Daranga Panchayat Dradhu, who submitted that in terms of Notification SRO 102 dated March 30, 2007 their area has been made part of Kursari Dranga Panchayat without following the procedure established by law and without calling any objection from the petitioners.
“The entire process of delimitation has been done with the sole object to divide the SC community from their brotherhood as well as to refrain the inhabitants from getting benefit of interlinked schemes of developmental works”, Advocates W S Nargal and Priyesh Sharma appearing for the petitioners submitted, adding “due to the arbitrary exercise of power on the part of Government, the petitioners are facing many hardships in their day-to-day life”.
They further submitted that there is no provision under the Panchayati Raj Act which gives power to the Government to segretate or annex the part of a village/hamlet from one Halqa Panchayat to another Halqa Panchayat more particularly in a situation when the hamlet has already been declared as SC reserved ward and by doing so the headquarter of the Panchayat has been changed arbitrarily and without any justifiable cause.
Deputy AG Z S Watali appearing for the respondents submitted that before issuing the Notification the publication was given to the proposed change but no objection was filed.
After hearing both the sides, Justice Muzaffar Hussain Attar said, “the issue primarily falls within the domain of State. The policy decision of the State can be interfered with only when it falls foul of the provisions contained in Part-III of the Constitution of India. Such decision can be called in question on the grounds of malafides also”.
“However, in order to see that the petitioners don’t continue to nourish grievance against the action of respondents this petition along with all CMAs is disposed of and it is provided that the competent authority will afford an opportunity of hearing to the petitioners”, the High Court said, adding “in case the competent authority enters into satisfaction in respect of grievance of the petitioners then it will be at liberty to review the earlier order/notification and pass fresh orders in accordance with law”.
The competent authority will be at liberty to maintain the earlier Notification in respect of the petitioners’ village if on examination the facts so warrant, the High Court said and directed the respondents to consider and take decision preferably within 8 weeks from the date the copy of the order is served upon them.
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