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2018 DIGILAW 877 (JK)

Ab. Rashid Khan v. State of J&K

2018-11-03

DHIRAJ SINGH THAKUR

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JUDGMENT : Dhiraj Singh Thakur, J. 1. The petitioners are all residents of Village Drana, which falls under Panchayat Halqa Soura. They challenge the order dated 12.04.2018, passed by the Director, Rural Development Department, Jammu, which order was passed pursuant to the directions issued by a Coordinate Bench of this Court vide judgment and order dated 19.01.2018 in OWP No. 78/2018 with a direction to consider the objections filed by the inhabitants. 2. According to the provisions of J&K Panchayati Raj Act, 1989 and rules framed thereunder, a ward in a Panchayat with the highest population is to be bifurcated for purposes of creation of an additional ward. 3. In regard to Panchayat Soura, following were the wards with their respective population:- S.No. Name of Panchayat Name of Ward Population 1. Soura 1. Tansana 2. Mandala 3. Soura (Drana) 4. Kungla 5. Darshu (Chabri) 6. Dandi 389 172 357 171 135 151 Total 1375 4. According to the Director, Rural Development Department, Jammu, since Tansana had the highest population with 389 souls, it was Tansana, which was required to be bifurcated into Tansana and Lower Tansana. The newly proposed wards have been reflected as under:- Newly Proposed Wards S.No. Name of Panchayat Name of Ward Population 1. Soura 1. Tansana 2. Mandala 3. Soura (Drana) 4. Kungla 5. Darshu (Chabri) 6. Dandi 7. Lower Tansana 186 172 357 171 135 151 203 Total 1375 5. The case of the petitioners is that the population reflected by the official respondents forward Tansana goes contrary to the records of 2011 census, yet the petitioners failed to produce the census report of 2011 for the Panchayat Soura. The view expressed by the Director, Rural Development Department, Jammu cannot be faulted, as the same has been based upon the report of the Block Development Officer, Bhalla in regard to the population of the said Panchayat. 6. Having considered the matter in its entirety, I find no case for interference. The petition is found to be without any merit and is, accordingly, dismissed along with connected IAs.