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2020 Supreme(J&K) 150

RAJESH BINDAL
Prithpal Singh – Appellant
Versus
State Of J&K And Other – Respondent


Advocates Appeared:
Mr. K. S. Johal, Sr. Advocate with Mr. Karman Singh Johal, Advocate in WP(C) No.3580/2019, Mr. Abhinav Sharma, Advocate in WP(C) No. 496/2020, Mr. A. P. Singh, Advocate in WP(C) No. 383/2020, for the Appellant; Mrs. Seema Shekhar, Sr. AAG, for the Respondent

JUDGMENT

1. This order will dispose of five petitions bearing WP(C) Nos. 3580/2019 and WP(C) Nos. 284, 383, 496 & 663 of 2020.

Facts Of The Cases

WP(C) No. 3580/2019

2. The present petition has been filed by the petitioners who claim themselves to be Sarpanches and Panches of Halqa Panchayat, Gole Gujral, challenging the letter issued by Assistant Commissioner (Development), Jammu dated 18.09.2019, directing that all the allotment of work under RURBAN Cluster Gole Gujral shall be through e-tendering process.

WP(C) Nos. 284, 383, 496 & 663 of 2020

3. The challenge in the aforesaid petitions filed by Sarpanches, Panches is to the Government Order No.267-RD & PR of 2019 dated 04.10.2019, vide which certain guidelines have been issued for execution of works in the Rural Development Department.

Arguments Of The Petitioners

4. Mr. K. S. Johal, learned Senior Counsel appearing for the petitioners in WP(C) No. 3580/2019 referred to Articles 40 and 243G of the Constitution of India with reference to decentralization of powers to the Halqa Panchayats. Taking his argument further it was submitted that Jammu and Kashmir Panchayati Raj Act, 1989 (for short the Act) was framed in line thereof. Pr

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