Mohd. Latief And Ors vs Ut Of J&K And Ors
2022 Latest Caselaw 829 j&K

                                                                    Sr. No. 2

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                                LPA No. 42/2022
                                                CM No. 3090/2022


Mohd. Latief and ors.                               .....Appellant(s)/Petitioner(s)


                        Through: Mr. Muzaffar Iqbal Khan, Advocate.
                                 Mr. Umar Gattu, Advocate.

                Vs

UT of J&K and ors.                                            ..... Respondent(s)

                        Through: Mr. Ravinder Gupta, AAG.

Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                    ORDER

23.05.2022

1. Learned counsel for the appellants states that the judgment

and order impugned is contrary to Rule 49 of the Jammu and Kashmir

Panchayati Raj Rules, 1996 (hereinafter referred to as the, "Rules of

1996"), which specifically envisages that all works be executed by the

Halqa Panchayat itself by employing daily labour and that no contractor be

employed except for work, which is of a highly technical nature or involving

financial investment of more than Rs. 3.00 lacs. It is stated that the Rule

cannot be sought to be diluted by the action of the executive by putting to

tender small works and by engaging the contractors contrary to the spirit of

Rule 49 of the Rules of 1996.

2. On a bare perusal of the Rule 49 of the Rules of 1996, it, thus,

appears that while the contractors have been removed from the picture for

smaller works upto three lacs except in cases, where the work to be

executed, requires some technical expertise, it is the daily labour that is

required to be engaged by the Panchayat for executing such works.

3. Prima-facie case is made out.

4. Notice.

5. Mr. Ravinder Gupta, learned AAG waives notice on behalf of the

respondents.

6. List again on 25.07.2022.

7. Meanwhile, subject to objections from the other side and till

next date of hearing, it is ordered that operation of the judgment and order

impugned is stayed to the extent that the appellants would be at liberty to

execute the works upto the value of three lacs within the territorial

jurisdiction of the panchayat, leaving it free to the official respondents to

advertise works for execution involving more than three lacs.

                       (Rahul Bharti)            (Dhiraj Singh Thakur)
                           Judge                         Judge

Jammu
23.05.2022
Ram Krishan