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1998 Supreme(HP) 132
High Court Of Himachal Pradesh
D.RAJU,KAMLESH SHARMA
AMAR SINGH - Appellant
Versus
STATE OF HIMACHAL PRADESH - Respondent
Civil Writ Petition No. 414 of 1998
Decided On : 07/23/1998
Pt. Om Prakash Sharma, Advocate with Mr. Ashok Chaudhary, Advocate, for the Petitioners. Mr. Sanjay Karol, Advocate:General, for the Respondents.
The shifting of Circle Headquarters from one place to another is a policy decision of the Government and is not amenable to judicial review under Articles 226 and 227 of the Constitution.
Headnote:
CIRCLE HEADQUARTERS SHIFTING - POLICY DECISION - JUDICIAL REVIEW - NOT AMENABLE: The shifting of Circle Headquarters from one place to another is a policy decision of the Government and is not amenable to judicial review under Articles 226 and 227 of the Constitution.
Fact of the Case:
The petitioners, residents of different villages in Tehsil Jawali, District Kangra, filed a writ petition to restrain the Government from shifting the Circle Office of Shahnehar Project from Jawali to Sihal. The petitioners alleged that the shifting of the Circle Office was not in the public interest and would not promote either administrative convenience or public convenience. The Government, in its reply, stated that the shifting of the Circle Headquarters was a policy decision taken after considering all pros and cons and that it was in public interest and for better supervision and speedy implementation of the project.
Finding of the Court:
The Court held that the shifting of Circle Headquarters from one place to another is a policy decision of the Government and is not amenable to judicial review under Articles 226 and 227 of the Constitution. The Court further held that the petitioners had not been able to demonstrate that the administrative and policy decision to shift Circle Headquarter from Jawali to Fatehpur was unreasonable, arbitrary, mala fide, taken for extraneous reasons and in colourable exercise of powers.
Issues: 1. Whether the shifting of Circle Headquarters from one place to another is a policy decision of the Government and is not amenable to judicial review under Articles 226 and 227 of the Constitution? 2. Whether the petitioners had been able to demonstrate that the administrative and policy decision to shift Circle Headquarter from Jawali to Fatehpur was unreasonable, arbitrary, mala fide, taken for extraneous reasons and in colourable exercise of powers?
Ratio Decidendi: The Court relied on several Supreme Court judgments to hold that the shifting of Circle Headquarters from one place to another is a policy decision of the Government and is not amenable to judicial review under Articles 226 and 227 of the Constitution. The Court also held that the petitioners had not been able to demonstrate that the administrative and policy decision to shift Circle Headquarter from Jawali to Fatehpur was unreasonable, arbitrary, mala fide, taken for extraneous reasons and in colourable exercise of powers.
Final Decision: The Court dismissed the writ petition.
MS. KAMLESH SHARMA, J.—The petitioners are residents of different villages in Tehsil Jawali, District Kangra. Being provoked by the tour programme of the Honble Chief Minister that he would inaugurate S.E. Office Shahnehar, Fatehpur at Sihal on 28.6.1998, the petitioners have hastened to file this writ petition on 26.6.1998 with a prayer to restrain Respondent No. 1 from shifting the Circle Office of Shahnehar Project from Jawali to Sihal. The writ petition was taken up for admission on 29.6.1998 when we issued notice to the Respondents and asked them to file their reply. We also observed that material shifting of Circle headquarters from Jawali to Sihal will not be done till we get to know the stand of the Respondents from their reply. Now, the reply-affidavit of the Respondents is on record, to which rejoinder has also been filed by the petitioners. Therefore, we are finally disposing of this matter after hearing the learned Counsel for the parties.
2. It is alleged in the writ petition that Shahnehar Project Circle with headquarters at Jawali was created by notification dated 14th October, 1997 (Annexure P-1). As stated in this notification, Shahnehar Project Circle comprised of the Divisions and six Sub-Divisions as follows :—
1. Shahnehar Project Division No. I Sansarpur-Terrace i. Shahnehar Project Sub-Division Sansarpur-Terrace. ii. Shahnehar Project Sub-Division Sathana, iii. Shahnehar Project Sub-Division Ray,
2. Shahnehar Project Division No. II Badhukar i. Shahnehar Project Sub-Division Badhukar ii. Shahnehar Project Sub-Division Ghandran. iii. Shahnehar Project Sub-Division Thakurdwara
3. It is further stated in the writ petition that Jawali is most suitable place for the location of Shahnehar Circle Office as it is not only centrally located but also has all-the amenities of life which promote general public convenience. According to the petitioners, Jawali is a fast developing town. Besides headquarters of Sub-Division number of Government Offices, such as, Office of Deputy Superintendent of Police, Tehsil Office, Treasury, three Offices of Executive Engineers of Irrigation & Public Health, Himachai Pradesh State Electricity Board and Public Works Departments, Employment Exchange Office, Forest Range Office, etc. etc. are located there. It is also stated that there are branches of three nationalized banks, Post Office, Senior Secondary School, three rest houses of the Government, etc. etc at Jawali. There is also Railway Station at Jawali, which is on railway line from Pathankot to Jogindernagar. The population? of Jawali town is about 25,000/-. The Office of Superintending Engineer, Shahnehar Project at Jawali was functioning in a building consisting of seven rooms and one covered shed having a covered area of more than 3,000/~ sq. feet. All the employees of the Circle Office at Jawali were having accommodation for their families there.
4. It is also stated in the writ petition that the Circle Office of Shahnehar Project had successfully functioned at Jawali for more than eight months and there are no valid reasons for shifting it to Sihal after renaming a Circle Office of Shahnehar Project, Fatehpur at Sihal It is alleged by the petitioners that shifting of Circle Office to Sihal is not in the public interest and will not promote either administrative convenience or public convenience and it has been done just on the "fency whims of some interested person". According to the petitioners, village Sihal, where Circle Office is proposed to be shifted, is in the interior of Fatehpur Tehsil having no facilities, in the absence of which the staff of the Circle Office and the public visiting the Circle Office for attending to their needs and problems will face great hardship. There is also no pucca link road between Jawali and Sihal There is also no suitable accommodation available at Sihal for housing the Circle Office as well as its employees, it is also pointed out that the people of Jawali are agitated on the p
