Zaffar Iqbal
Srinagar, Aug 20 : The High Court of Jammu and Kashmir has issued a notice to the Deputy Commissioner (DC) Baramulla on a petition filed by an Uri resident, Manzoor Ahmad Khaja Ganie, regarding ‘non-disposal’ of his Resident of Backward Area (RBA) certificate despite a lapse of three years.
A bench of Justice Ali Mohammad Magrey issued the notice after hearing the petitioner through Advocate Naveed Bukhtiyar. “Petitioner, a resident of Garkote, Uri, Baramulla, Kashmir, in the year 2018, claims to have applied before the Tehsildar Uri, for grant of RBA (Resident of Backward Area) certificate in his favour in tune with the mandate of the Jammu and Kashmir Reservation Act, 2004 read with the Jammu and Kashmir Reservation Rules of 2005. This application of the Petitioner stands rejected in terms of Order dated 25 of May, 2018, which (order) has been assailed in appeal before the Deputy Commissioner, Baramulla, stated to have been filed on 23 of July, 2018,” the order of which a copy is in possession of GNS reads.
“Learned counsel for the petitioner submitted that in terms of Section 17 of the Jammu and Kashmir Reservation Act, 2004, the appellate Authority, i.e, the Deputy Commissioner Baramulla, herein this case, was supposed to decide the aforesaid appeal filed by the petitioner within 30 days from the date of receipt of the appeal, however, despite lapse of more than three years time, the Deputy Commissioner, Baramulla, has not yet decided the appeal, thereby constraining the petitioner to approach this Court,” it reads.
The court has now fixed September 1, 2021 as the next date of hearing of the case.
“Notice in the main Petition as well as in the connected CM Mr Feroz Ahmad Sheikh, the learned Deputy Advocate General, enters appearance and accepts notice on behalf of the Respondents. He shall file response by the next date of hearing,” it further reads. (GNS)
