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Judgment
Petitioner has questioned the Order No.751922 dated 10th of July, 2008 passed by respondent No.2 on the ground that it came to be passed
without jurisdiction and competence.
Respondents have filed reply. It is specifically averred that the order in question came to be passed in compliance and in continuation to the
Government order No.379PW (R&B) of 2008 dated 20.06.2008 passed by respondent No. 1. Further, it is stated that it is the prerogative of the
Government to decide where the office is to be located. The said administrative and executive function cannot be questioned.
It appears that Government in its wisdom issued order No.379PW(R&B) of 2008 dated 20.06.2008 with a view of accelerating the pace of
work and completing the prestigious Narbal Tangmarg Road Project on time in the public interest and ordered that subject project be handed over
to the Project Construction DivisionI, Srinagar by Gulmarg Project Organisation. It is apt to reproduce the said order herein:
With a view of accelerating the pace of work and completing the prestigious Narbal Tangmarg Road Project on time in the public interest, it is
ordered that the Narbal Tangmarg Road Project shall be handed over by the Executive Engineer, Gulmarg Project Organisation to Project
Construction DivisionI, Srinagar alongwith all relevant records, assets & liabilities. The supervision of this project will now be done by the Project
Construction DivisionI, Srinagar and SubDivision No. 1. The Project Construction Division No. 1, Srinagar shall exclusively look after this project
in addition to his own duties at present. The Headquarter of the SubDivision shall be shifted from its present place to Magam Tangmarg till the
completion of the Road Project with immediate effect. By order of Government of Jammu & Kashmir.
In compliance to the said order, Chief Engineer in its wisdom passed the consequential order and fixed the location of the said office. The
petitioner has no right to question administrative action which came to be passed in public interest. Even otherwise petitioner has no right to
question the administrative order(s)/action(s) by the medium of writ petition. The interference of the court is also not warranted. However, it can
interfere if the order is outcome of malafide or came to be passed without jurisdiction and competence.
In view of the above, no case for admission is made out. Accordingly, the writ petition is dismissed along with all connected CMPs. Interim
direction, if any, shall stand vacated.