STATE OF J&K Vs. RESIDENTS OF GULAB BAGH

JUDGEMENT

(1.) 1. The instant appeal under Clause 12 of the Letters Patent is directed against order dated 03.08.2009 rendered by the learned Single Judge, while disposing of OWP no. 434/2007. The writ petitioner-respondent has approached this Court by challenging the order concerning reorganization of Districts. They claimed that Patwar Halqa Buchpora and Zakura have been wrongly excluded from District Ganderbal and illegally included in District Srinagar. Accordingly, an appropriate order for quashing notification SRO No. 185 dated 22.05.2007 was sought. Some consequential reliefs were also sought. However, the writ petitioner-respondent through their learned counsel pointed out that inclusion or exclusion of an area into a particular district is a matter of policy of a State and, therefore, the writ petitioner-respondent be permitted to pursue their representation pending before the respondent-State. The writ petition was disposed of with the following observation:-

(2.) WE are unable to appreciate the endeavour of the appellant-State in filing the instant appeal. It is not understood but possible grievance could be raised by the appellant-State against the impugned order. On our query, Mr. N. H. Shah, learned Deputy Advocate General has stated that the appeal is necessary because the learned Single Judge did not consider any of the objections filed by the State-appellant.