RESIDENTS OF HELMATPORA Vs. STATE

JUDGEMENT

(1.) This Writ petition though filed in a representative capacity by the residents of Helmatpora, District Kupwara is essentially a petition where matters touching the general public of some of the areas of Helmatpora, are raised.

(2.) On hearing the counsel Mr. G. N. Naqash, for the petitioner, in my view the petition has to be dismissed in limine for the following reasons :-The petitioner claims that lacs of rupees have been sanctioned by the Government for spending on various works through Rural Development Department in the area and the amount is being spent only in one area of the locality and the other areas (Halqas) are ignored and the works are being carried out on verbal orders of the local M. L. A. without calling for tenders and the funds which ought to have been spent in Halqa 3, 4 and 5 are being diverted and spent only in other two halqas of Halmetpora. It would be seen that no details of the funds actually allotted, spent and the agencies expending the fund are given. The petition is as bald as anything. It runs in omnibus terms. Not even the details of single work being implemented or in the process of implementation have been given. The rules of pleadings required for a writ petition have been given good-bye in this case. The alleged sanctioned works for Helmatpora Annexure-PA is nothing, but a notice served by the advocate Shri G. N. Naqash, on behalf of some residents of Helmatpora-Kupwara. It is not an order of the government to indicate that the amounts have been actually sanctioned for Halmetpora. There is always a presumption that the Government action is reasonable and in public interest. It is for the person challenging the action to show that the action is wanting in reasonableness or is not informed with public interest. Burden is heavy on the petitioner and he has to discharge it by proper and adequate material to the satisfaction of the Court. This is not the case here. At the same time it may be observed that when the Govt. is dealing with the public, whether giving the jobs or entering into contracts or granting any volumes of largesse, the Government action has to be in conformity with some standard or norms which cannot be in any case arbitrary, irrational or irrelevant. Every Government action is liable to be tested on the touch stone of reasonableness and public interest.

(3.) The result is that the petition is dismissed in limine.Petition dismissed.