AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioners are residents of different villages in Tehsil Jawali, District Kangra. Being provoked by the tour programme of the Hon 'ble Chief Minister that he would inaugurate S.E. Office Shahnehar, Fatehpur at Sihal on 28.6.1998, the Petitioners have hastened to file this writ petition on 26.6.1998 with a prayer to restrain Respondent No. 1 from shifting the Circle Office of Shahnehar Project from Jawali to Sihal. The writ petition was taken up for admission on 29.6.1998 when we issued notice to the Respondents and asked them to file their reply. We also observed that material shifting of Circle headquarters from Jawali to Sihal will not be done till we get to know the stand of the Respondents from their reply. Now, the reply -affidavit of the Respondents is on record, to which rejoinder has also been filed by the Petitioners. Therefore, we are finally disposing of this matter after hearing the learned Counsel for the parties.

(2.) IT is alleged in the writ petition that Shahnehar Project Circle with headquarters at Jawali was created by notification dated 14th October, 1997 (Annexure P -1). As stated in this notification, Shahnehar Project Circle comprised of the Divisions and six Sub -Divisions as follows:

(3.) IT is also stated in the writ petition that the Circle Office of Shahnehar Project had successfully functioned at Jawali for more than eight months and there are no valid reasons for shifting it to Sihal after renaming a Circle Office of Shahnehar Project, Fatehpur at Sihal. It is alleged by the Petitioners that shifting of Circle Office to Sihal is not in the public interest and will not promote either administrative convenience or public convenience and it has been done just on the "fency whims of some interested person". According to the Petitioners, village Sihal, where Circle Office is proposed to be shifted, is in the interior of Fatehpur Tehsil having no facilities, in the absence of which the staff of the Circle Office and the public visiting the Circle Office for attending to their needs arid problems will face great hardship. There is also no pucca link road between Jawali and Sihal. There is also no suitable accommodation available at Sihal for housing the Circle Office as well as its employees. It is also pointed out that the people of Jawali are agitated on the proposed shifting of the Circle Office from Jawali to Sihal and are sitting in Dharnas in front of the present Circle Office at Jawali and if the proposal materialises, there is great apprehension of disturbance of peace and law and order. In this view of the matter, the working of Shahnehar Project will also suffer badly, which will be against the interest of the State. Therefore, it is alleged that the proposed shifting of Circle Office from Jawali to Sihal is actuated mala fide as well as extraneous reasons and is colourable exercise of powers. Lastly, it is alleged that in the absence of any notification of the State Government either to rename the Circle Office from Shahnehar Project Circle with Headquarter at Jawali to Superintending Engineer Office Shahnehar Project, Fatehpur at Sihal or shifting of Circle Office from Jawali to Sihal, the action of the Government is wrong, illegal and cannot be sustained on judicial review.