HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 778/2020 Soba Ram & Ors. …..Petitioner(s) Through: Ms. Rozina Afzal, Advocate. Vs UT of J&K & Ors. .…. Respondent(s) Through: Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 25.08.2025 1. The petitioners, through the medium of the present petition, are seeking a direction upon the respondents that Headquarter of Administrative Unit (Niabat), Dhanour of Tehsil Arnas be located at village Kansi, Tehsil Arnas District Reasi. 2. The petitioners claim to be working in different wards as Sarpanchs, Naib-Sarpanchs and Panches of Panchayat Dhanour. It has been submitted that vide order No. Rev/S/183/06/II/21 dated 06.02.2014, Government of Jammu and Kashmir, conveyed the approval regarding creation of administrative units to respondent No. 3-Deputy Commissioner, Reasi, who was asked to work out the geographical boundaries of the newly created administrative units. One of the administrative units that was created was Niabat, Sr. No. 14 2 WP(C) No. 778/2020 Dhanour. The petitioners passed a resolution on 23.01.2019 to the effect that headquarter of the Administrative Unit (Niabat), Dhanour be located at Kansi in ward No. 6 because the same is centrally located place. 3. It has been further submitted that no decision was taken by the respondent No. 3-Deputy Commissioner, Reasi, with regard to location of the headquarter of the Niabat as a result of which a meeting of the Panchayat was held on 10.10.2019 in which it was agreed to open the Niabat Office in ward No. 6-Kansi of Panchayat halqa Dhanour. According to the petitioners, Kansi is a centrally located place and there are official buildings like Panchayat Ghar, Hospital, Higher Secondary School and Panchayat Committee Hall available at the said place, therefore, it would be convenient for the respondents to locate the headquarter of Niabat at Kansi. 4. The respondent Nos. 3 to 5 in their reply to the writ petition have admitted the creation of Niabat at Dhanour. They have further submitted that even though petitioners have passed a resolution for opening Niabat at Kansi in ward No. 6 of village Dhanour but a large section of the people of the Niabat desire that it should be opened at another place, namely, Garh in ward No. 8 of Panchayat Dhanour. 3 WP(C) No. 778/2020 5. It has been submitted that due to administrative exigencies for digitization of records, internet facilities, the Niabat Office was temporarily shifted to Tehsildar Office, Arnas. It has been further submitted that Tehsildar, Arnas vide communication dated 19.07.2022 has recommended that ward No. 6 of Panchayat Dhanour i.e. Kansi area is not centrally located place of Niabat and that ward No. 8 of Panchayat Dhanour i.e. Garh is centrally located place. 6. Another reply has been filed by respondent No. 5- Tehsildar Arnas, District Reasi, in which it has been submitted that population wise and area wise ward No. 8 i.e. Garh is more centric. On account of availability of government building and basic facilities like food, water etc., ward No. 6-Kansi is preferable. 7. Pursuant to directions passed by this Court on 16.10.2024, another compliance report dated 03.04.2025 has been filed by respondent Nos. 1 to 3. In the said report also, it has been reiterated that population-wise and area-wise Garh ward No. 8 of Panchayat Dhanour is more centric whereas on the parameters of availability of government building and basic facilities, Kansi ward No. 6 of Panchayat Dhanour is a preferable place. 4 WP(C) No. 778/2020 8. I have heard learned counsel for the parties and perused record of the case. 9. Learned counsel for the petitioners has vehemently argued that ward No. 6 i.e. (Kansi) of Panchayat Dhanour, has been found to be a preferable location even as per the report of the official respondents given pursuant to order passed by this Court on 16.10.2024. She has urged that a direction needs to be issued to the respondents to take these factors into account and locate the Headquarter of the Niabat Dhanour at Kansi. 10. Before dealing with the aforesaid submissions of learned counsel for the petitioners, it needs to be noted that in matter of policy decision or exercise of discretion by the government, so long as the infringement of fundamental rights is not shown, Courts will have no occasion to interfere and the Courts cannot and should not substitute their own judgment for the judgment of the executive in such matters. It is trite law that in assessing the propriety of the decision of the government, the Court cannot interfere, even if a second view is possible from that of the government. In the matters of policy decision like deciding the location of an administrative unit, its geographical boundaries or its headquarters, the scope of interference in government decisions is extremely limited. 5 WP(C) No. 778/2020 11. Coming to the facts of the instant case, it seems that the respondents have kept the matter regarding deciding location of Headquarter of Niabat Dhanour, Tehsil Arnas District Reasi, pending for the last more than one decade which has compelled the petitioners to knock the doors of this Court. 12. The question whether on the basis of the parameters given in the report filed pursuant to order dated 16.10.2024 passed by this Court, the Headquarter of the Niabat Dhanour should be located at Kansi or at Garh cannot be decided by this Court. It is for the respondents who are administrative authorities to take an appropriate decision in the matter after considering the feasibility, location, easy accessibility and viability including the aspirations of the general public, topography of the area into consideration. It would not be appropriate for this Court to direct the respondents to open the Headquarter of the Niabat Dhanour at either of the two places. Such a decision has to be left to the discretion of the administrative authorities, who have to take into account the aforesaid criteria. 13. Accordingly, the writ petition is disposed of with a direction to the respondents to take a decision with regard to location of Headquarter of Niabat Dhanour, Tehsil Arnas District Reasi, in light of the report dated 06.02.2025 of Tehsildar, Arnas District Reasi. The 6 WP(C) No. 778/2020 decision shall be taken by the respondents most expeditiously preferably within a period of six months from today. 14. Disposed of. (SANJAY DHAR) JUDGE JAMMU 25.08.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No