AMJUM IMTIAZ Vs. STATE OF J & K

JUDGEMENT

(1.) Short grievance as projected by the petitioner in this writ petition is that under Section 17(2) of the Jammu and Kashmir Reservation Act, 2004 (for short "the Act"), the petitioner has filed an appeal before the Deputy Commissioner, Poonch against the certificate of resident of area adjoining to Actual Line of Control (ALC) issued by the Tehsildar, Mendhar bearing BCG No. 402-04 dated 23.05.2017, which as per the mandate of Section 17(2) of the Act is required to be disposed of by the Deputy Commissioner within a period of 30 days from the date of receipt of the appeal. The aforesaid appeal was filed on 31.05.2018, but the same has not been disposed of even after lapse of more than one year. It is further submitted that the Deputy Commissioner in the circumstance is required to be commanded to dispose of the appeal in terms of Section 17(2) of the Act within a time bound manner.

(2.) Having heard learned counsel for the petitioner and perused the record, I am of the view that the appeal, if any, filed before the Deputy Commissioner, Poonch cannot be kept pending and is required to be disposed of by the Deputy Commissioner, Poonch one way or the other. It is true that in terms of section 17(2) of the Act, 30 days period has been prescribed for the appellate authority to dispose of the appeal with a rider that no order shall be made against any person without affording him a reasonable opportunity of being heard.

(3.) Be that as it may, keeping in view the nature of controversy involved in the writ petition and the submission made by the learned counsel for the petitioner, this writ petition is disposed of by directing the Deputy Commissioner, Poonch to consider and pass appropriate orders on the appeal, which is stated to have been filed by the petitioner on 31.05.2018 within a period of four weeks from the date a certified copy of this order is made available to him. It is made clear that no adverse order shall be passed against any person without affording opportunity of being heard as mandated under Section 17 of the Act.