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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8293 (JK)

INHABITANTS OF VILLAGE RESHIGUND MASJID BAL KRALPORA v. UNION TERRITORY OF J AND K AND ORS. (JAL SHAKTI)

WP(C)/1721/2025 · 2025-07-21

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 176 Supplementary List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1721/2025 CM (4482/2025) CM( 4483/2025) Inhabitants of Village Reshigund Masjid Bal Kralpora ..…Petitioner(s) Through: Mr. Bhat Khursheed, Advocate. VERSUS Union Territory of J&K and Ors. …Respondent(s) Through: Mr. Bilal Ahmad Malla, Advocate vice Mr. Javeed Hameed, Advocate for caveator. Mr. Jahangir Ahmad Dar, GA. CORAM: HON’BLE MR. JUSTICE WASEEM SADIQ NARGAL, JUDGE. ORDER 21.07.2025 CM No. 4482/2025: 1. For the reasons stated in the application coupled with the submissions made at Bar, the same is allowed and the petitioners are permitted to file an instant petition in representative capacity. 2. CM is disposed of accordingly. 3. Registry is directed to issue notice to the respondents through publication to be published in two daily newspapers, having wide circulation in the concerned area at the expenses of the petitioners. The requisite expenses shall be deposited by the petitioners within one week. WP(C) No. 1721/2025: 1. Heard learned counsel for the caveator. 2. Caveat stands discharged. 3. Learned counsel for the petitioners when confronted with the issue of maintainability of the instant petition wherein the petitioner has called in question communication dated 10th July 2025 issued by the respondent No. 2 to respondent No. 4, has drawn the attention of the Court to the representation alleged to have been filed by the petitioners against the said diversion of the drinking water supply from Reshigund Masjid Mohalla Kralpora, Kupwara to other Villages which till date has not been accorded consideration by the concerned Deputy Commissioner and instead the aforesaid decision has been taken by the Deputy Commissioner dated 10th July 2025 which is impugned in the present petition. 4. As the issue which has been projected in the instant petition falls question within the realm of the policy decision and the court having no expertise, cannot substitute an opinion with regard to the decision taken by the government by way of policy. 5. Learned counsel after arguing for a while submitted that he feels satisfied that in case a direction is issued to the Deputy Commissioner to accord due consideration to the representation alleged to have been filed by the petitioners within some time frame, to which Mr. Laway, learned counsel appearing on behalf of the respondents has no serious objection, provided the same is directed to be accorded consideration strictly under rule and as per law. 6. With the consent of the learned counsel for the parties, instant petition is taken up for disposal at threshold by directing the respondent No. 2,to accord due consideration to the representation alleged to have been filed by the petitioners which has been placed on record as annexure-II to the writ petition, which till date has not been accorded consideration, within a period of six weeks from the date copy of this order along with the writ petition annexures are made available to the said respondent. 7. It is further made clear that while according due consideration to the said representation, all the stakeholders including the petitioners and the private respondents and other persons who are interested in the same, shall be provided opportunity of being heard. 8. Writ petition is disposed of in the manner indicated above. (Waseem Sadiq Nargal) Judge SRINAGAR 21.07.2025 Sabreena