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2022 Supreme(J&K) 104

SINDHU SHARMA
Mohd Latief – Appellant
Versus
Union Territory of J&K – Respondent


Advocate Appeared:
For the Petitioner: in WP(C) No.1887/2021:Mr. Muzaffar Iqbal Khan and Mr. Umar Aejaz, Advocates
For the Petitioner: in WP(C) No.2045/2021:Mr. Tauseef Zargar, Mr. N.D. Qazi and Mr. Waseem Akram, Advocates
For the Respondent:Mr. D.C. Raina, Advocate General with Mr. Ayjaz Lone, Dy. A.G.

JUDGMENT :

Sindhu Sharma, J.-In both the petitions, the controversy involved is similar, as such, these are taken up together for consideration and disposal by this common judgment.

2. The petitioners in WP(C) No. 1887/2021, are the elected Sarpanches of District Rajouri and they are aggrieved of e-NIT No. 42 REW Rajouri of 2021 dated 02.09.2021 vide which e-tenders have been invited for execution of works at various Panchayats on the ground that the same are in violation of the Jammu and Kashmir Panchayati Raj Rules, 1996.

3. The petitioners in WP(C) No. 2045/2021 are unemployed youths of Village Ganika, Tehsil Bhagwah, Distirct Doda and theyare also aggrieved of e-tenders i.e., e-NIT No. 15/capex of REW Doda 2021-22 dated 08.09.2021 and e-NIT No. 02/capex of REW Doda 2021-22 dated 24.08.2021 for works under Capex Budget scheme as the same are in violation the Panchayati Raj Rules, 1996.

4. The petitioners submit that these e-NITs have been invited in contravention to the Jammu and Kashmir Panchayati Raj Rules, 1996, even with regard to those works which are less than of Rupees Three Lacs. The Panchayati Raj Rules provide that all works may be executed by Halqa Panchayat itself an

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