HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP (C) No. 11/2025 CM No. 22/2025 CM No. 23/2025 Inhabitants of Panchayat Badhal-A Through Dewan Chand, age 63 years S/o Baldev Singh R/o Village Badhal, Tehsil Khawas, District Rajouri. ….Appellant/Petitioner(s) Through :- Mr. Ashok Sharma, Advocate. V/s 01. Union Territory of Jammu and Kashmir through Commissioner/Secretary, Department of Rural Development J&K Government, Civil Sectt. Jammu. 02. Director Rural Development, Jammu 03. Deputy Commissioner, Rajouri. 04. Additional District Development Commissioner, Rajouri. 05. Assistant Commissioner Development, Rajouri. 06. Assistant Commissioner Panchayats, Rajouri. 07. Executive Engineer, REW, Rajouri. 08. Block Development Officer, Block Khawas, District Rajouri ….Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.01.2025 CM No. 22/2025 The instant application has been filed by the applicant for permission to file the writ petition in representative capacity. Sr.No. 23 2 For the reasons stated in the application coupled with what has been argued by the learned counsel for the applicant, the application is allowed and permission to file the writ petition in a representative capacity is granted. Application is ‘disposed of’. WP (C) No. 11/2025 01. The petitioner, through the medium of the instant petition, is seeking direction upon the respondents to construct panchayat ghar building of Panchayat Badhal-A, Block Khawas, District Rajouri as per the resolution of panchayat dated 18.10.2023, letter of respondent No. 8, dated 08.12.2023 and letter of respondent No. 6, dated 10.01.2024 in Khasra No. 273 situated at Village Badhal, Tehsil Khawas, District Rajouri with further direction upon the respondents not to relocate the construction of Panchayat Ghar Building of Panchayat. Badhal-A, Block Khawas, District Rajouri from Kharsa No. 273 situated at Village Badhal, Ward No. 5, Tehsil Khawas and District Rajouri to any other place. 02. The brief facts of the case are that the petitioner is approaching this Court in representative capacity on behalf of the people of Panchayat Badhal-A, Block Khawas, District Rajouri. 03. It is the specific case of the petitioner that by virtue of the resolution passed in Gram Sabha dated 18.10.2023, which was passed in the presence of Sarpanch, Naib-Sarpanch, Panches, Chowkidar and other respectable citizens of the panchayat, it was unanimously resolved that the construction of the panchayat ghar building of Panchayat Badhal- A should take place in ward No. 5 which is central place and approachable for all the people of the panchayat. In such pretext, the land bearing Khasra No. 273 situated at Ward No. 5, Panchayat Badhal-A was finalized for construction of panchayat ghar building. 3 04. It is the specific case of the petitioner that after considering the resolution mentioned above, measurements and GPS tagging photographs was taken by the panchayat members as well as the respondents officials for finalizing the site for construction of the panchayat ghar building on 20.10.2023. 05. It is stated that respondent No.8, vide letter no. BDO/KH/2023-23/1212- 15 dated 08.12.2023 communicated to respondent no. 6 for rectifying the location of panchayat ghar building of panchayat Badhal-A to Khasra No.273 in accordance with the resolution passed during the Gram Sabha meeting. 06. It is stated that respondent No.6 vide its letter No. ACP/R/2023-24/4896- 9903 dated 10.01.2024, has issued authorization for construction of new panchayat ghar including the construction of Panchayat Ghar at Badhal-A, Block Khawas in Khasra No. 273, alongwith with other panchayat ghar in district Rajouri. 07. It is further stated that the petitioner himself donated 01 Kanal of land for construction of the new panchayat ghar building and have submitted all the required documents with the respondents which includes affidavit, revenue record and map for construction of the building. 08. It is further stated that the inhabitants of the Panchayat Badhal-A approached the respondent No.5, with a representation for issuance of order to the contractor for construction of the panchayat ghar building as the tendering process was completed and the respondent No. 5 was please to direct the respondent No.8 for construction of the panchayat ghar building as per the tender vide its order dated 01.07.2024. 09. It is stated that on 20.11.2024, the people of the panchayat came to know that the construction for the building of panchayat ghar has started on a different location which was never in the picture and when the people objected to the 4 same, it was told to them that the department has asked for construction of the panchayat ghar building in such area. 10. It is further stated that the locals also approached the respondent No.7 vide representation dated 23.11.2024 for directing the contractor not to relocate the place of construction of panchayat ghar building and construct the same in Khasra No. 273, as per the tendering process who further directed the AE, Khawas to look into the matter and ensure that the work is not executed on a location other than the selected location. 11. At this stage, learned counsel for the petitioner submits that the petitioner would feel satisfied, in case, the instant petition is treated as a representation and a direction is issued to the respondents to accord consideration to the same within some reasonable period. 12. Heard learned counsel for the petitioner at length and perused the record. 13. Issue notice to the respondents. 14. Ms. Monika Kohli, learned Sr. AAG accepts notice on behalf of the respondents and she submits that she is not averse to the aforesaid preposition provided the case of the petitioner is directed to be accorded consideration under rules and as per law. 15. With the consent of learned counsel for the parties, the instant writ petition is taken up for final disposal and, is accordingly, disposed of by directing the respondents to treat the instant writ petition as a representation and accord consideration to the same strictly under rules and as per law within six weeks from the date a copy of this order along with copy of the instant writ petition and the annexure(s) are made available to the respondents. The order of consideration which is likely to be passed be forwarded to the petitioner by the respondents through registered post. 5 16. It is made clear that while considering the case of the petitioner, respondents are directed to give due weightage to the communication dated 21.11.2024 issued by the Block Development Officer Khawas and also the communication dated 10.01.2024 issued by the Assistant Commissioner Panchayats, Rajouri. 17. The writ petition is ‘disposed of’ in the manner indicated as above. (Wasim Sadiq Nargal) Judge Jammu: 03.01.2025 Renu Whether the Order is speaking? Yes/No. Whether the Order is reportable? Yes/ No Renu Bala 2025.01.03 17:44 I attest to the accuracy and integrity of this document