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Judgment
Javed Iqbal Wani, J
In the instant petition, the petitioners have challenged order dated 03.11.2022 passed by the respondent herein in terms whereof, the claim of the petitioners for issuance of the certificate of being Residents of Backward Area, has been rejected.
The facts emerging from the record would reveal that the petitioners herein had earlier approached this Court in connection with of their being the residents of the backward area and issuance of certificates thereof and filed WP(C) No. 464/2022 which petition came to be disposed of by this Court on 16.07.2022 in the following terms:
“10. Be that as it may, a direction is issued to the petitioners to participate in the aforesaid enquiry which is being conducted in pursuance of the direction issued by the appellate authority i.e. Deputy Commissioner, Kishtwar and the petitioners are at liberty to put forth their claim before the Tehsildar, Bunjwah. It is made clear that the Tehsildar Bunjwah will conduct the enquiry afresh strictly in conformity with the provisions of the J&K Reservation Rules, 2005 with particular reference to Rules 21 and 22 of the aforesaid rules without being influenced by the observations of the Deputy Commissioner, Kishtwar who has exercised his powers in terms of Rule 25 of the SRO 294 as an appellate authority. The Tehsildar, Bunjwah is directed to conclude the said enquiry after associating the petitioners and providing them an opportunity of being heard within a period of four weeks positively from the date a copy of this order along with complete paper book is served upon him by the petitioners against the proper receipt. The Tehsilder, Bunjwah shall also consider the judgment/documents which the petitioners intend to produce before him in support of their claim with respect to the legal aspect of the matter. In case the findings of the Tehsildar Bunjwah, goes against the petitioners, they shall be at liberty to challenge the same by way of appropriate proceedings within two weeks thereafter and the said decision would be kept in abeyance during that period.”
The respondent-Tehsildar in terms of the aforesaid order of this Court dated 16.07.2022 was required to conduct a enquiry afresh in conformity with the provisions of the J&K Reservation Rules, 2005 in particular with reference to Rules 21 and 22 uninfluenced by any observations made by the Deputy Commissioner who had dealt with an appeal filed by the petitioners in terms of Rule 25 of SRO 294, while requiring the Tehsildar concerned further to conclude the said enquiry after associating the petitioners therein and providing them an opportunity of being heard within a period four weeks positively and also to consider the judgment and documents which the petitioners intend to produce before him in support of their claim with respect to the legal aspect of the matter, while reserving a liberty for the petitioners that in case the findings of the Tehsildar go against them, they shall be at liberty to challenge the same by way of the appropriate proceedings within two weeks thereafter and that the said decision in that event would remain in abeyance during that period.
Record reveals that the Tehsildar, instead of following the mandate of the order passed by this Court on 16.07.2022, abdicated his duty imposed upon him by the Court requiring to hold an inquiry himself in the matter instead constituted a committee in terms of order dated 25.08.2022 under the supervision of Naib Tehsildar, Patnazi for holding the said inquiry in the matter in terms of the order passed by this Court and upon receipt of a report from the said so called committee, pursuant to the impugned order dated 03.11.2022 rejected the claim of the petitioners.
Since the respondent-Tehsildar has acted in the matter in breach and violation of the orders passed by this Court and though is liable to be proceeded against being a patent contempt of this Court, yet taking a lenient view, this Court refrains from doing that and in order to dispense justice in the mater at the earliest dispose of the petition at this stage itself.
Accordingly for the aforesaid reasons, the instant petition is allowed and the impugned order dated 03.11.2022 is quashed, as a consequence whereof, the Deputy Commissioner, Kishtwar respondent herein is directed to entrust the inquiry in terms of the orders of this Court dated 16.07.2022 to the Tehsildar concerned within a week’s time from the date a copy of this order is received by the Deputy Commissioner and upon entrusting the enquiry to the Tehsildar, the Tehsildar shall strictly hold the inquiry in tune with the order passed by this Court on 16.07.2022 within a period of four weeks thereafter. It is made clear that the rest of the terms provided in the order dated 16.07.2022 shall remain undistorted.
Disposed of.