DB dismisses State’s appeal against Writ Court direction

Excelsior Correspondent
JAMMU, Aug 17: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar has upheld the direction of Writ Court which was passed in a petition challenging exclusion of some Patwar Halqas from Ganderbal district and their inclusion in Srinagar district.
The case of the inhabitants of Ghulab Bagh before the Writ Court was that Patwar Halqa Buchpora and Zakura have been wrongly excluded from district Ganderbal and included in the Srinagar district. The Writ Court, after hearing both the sides, directed the State Government to constitute a committee of three senior officers to examine the matter.
It was also directed by the Writ Court that Committee should consider already filed representations of the petitioners, give due opportunity of hearing to the petitioners and other concerned parties before passing appropriate orders in terms of the rules prescribed on the subject within a period of six months.
Aggrieved over the order of Writ Court, the State and others filed Letters Patent Appeal before the Division Bench.
After considering the judgment of Writ Court and hearing both the sides, the Division Bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar observed, “we are unable to appreciate the endeavour of the appellant-State in filing the instant appeal. It is not understood as to what 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”.
“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 DB said while dismissing the appeal.


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