0|Page

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU

Writ petition No._____________ of 2021

Ghulam Qadir Dar vs U.T. of J&K & Ors.

IN D E X
PARTICULAR DETAILS Page
S.No. S N0.
1. Memo Of 2
Urgency
2. Memo Of 3-4
Parties
3. List of Dates 5-6

4. Petition PIL 7-19

5. Annexure I copy of the Circular no. ACDD/Circular/2015-2016 20

dated: 11-02-2016
6. Annexure II Copy of Order dated 09-07-2019 21-22

7. Annexure III Copy of letter no. DVO/D /Vigilance/2019/264 dated 23

17-09-2019

8. Annexure IV Copy of letter no. DVO/D /Vigilance/2019/285 dated 24

25-09-2019

9. Annexure V copy of letter no. DVO/D /Vigilance/2019/287 dated 27- 25-26

09-2019

10 Annexure VI Copy of letter no. DVO/D /Vigilance/2019/295 dated 27

30-09-2019

11. Annexure VII Copy of letter no. DVO/D/Vigilance/2019/307 dated 09- 28-29
10-2019 and copy of letter no.
DVO/D/Vigilance/2019/339 dated 11-10-2019
12. Annexure Copy of letter no. DVO/D/Vigilance/2019/341-47 dated 30
VIII 12-10-2019

13. Annexure IX Copy of that letter no. DVO/D/Vigilance/2019/476 31

dated 09/12/2019

14. Annexure X Copy of the letter no. DHQ/Clt/2019/1776-89 32

15. Annexure XI Copy of the letter no. ASP-Doda/Clt/2019/2216-18 33

dated 16-12-2019 and the vendor wise Expenditure list
for 2019-2020
1|Page

16. Annexure XII copy of this communication vide letter no. 34

ASP/Doda/Clt/2020/168-171 dated 29-01-2020

17. Annexure copy of the report submitted by Patwari Halqa dated 35-36
XIII 02-03-2020

18. Annexure XIV Copy of Job card along with Muster roll Report 37-40

19. Annexure XV copy of the Vendor Wise Expenditure dated 02-Nov. 41-45
2020

20. Annexure XVI Copies of the two job cards issued in the name of 46-47
Naresh Kumar

21. Annexure Copy of letter no. DVO/D/Vigilance/2019/307 dated 09- 48

XVII 10-2019 and copy of letter no.
DVO/D/Vigilance/2019/339 dated 11-10-2019
22. Annexure copy of the acknowledgement of online grievance 49
XVIII

23. Annexure XIX copy of the complaint dated 25-09-2019 50

24. Annexure XX copy of the letter dated 11-01-2021 51

25. Annexure XXI copy of the letter no XEN/REW/D/2020–21/1103 dated 52

16-01-2021,

26. Affidavit In support of PIL 53

27. Metadata 54-55

28. Vaklatnama 56

29. Photographs Photographs of Petitioner and Counsel for the 57

Petitioners
30. Application Application for extension of time for deposition of court 58
fee
31. Affidavit In support of application for extension of time 59

FILED BY:

Place: Jammu Ankush Manhas

Dated: 21-04-2021 Advocate
2|Page

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No.___________of 2021

Ghulam Qadir Dar. vs U.T. of J&K & Ors.

MEMO OF URGENCY

MAY IT PLEASE YOUR LORDSHIP,

THE HUMBLE PETITIONER MOST RESPECTFULLY

SUBMITS AS UNDER:

1. That the applicant/petitioner has filed the above titled Public Interest
Litigation before the Hon’ble Court which is sure to succeed on merits.

2. That the matter is of urgent nature and it is in the interest of justice that the
case be directed to be listed in supplementary list for its hearing and order
today.

3. That the matter is of urgent nature and it is in the interest of justice that the
case be directed to be listed in today’s supplementary list for its disposal.

PETITIONER
Through Counsel

Place: Jammu
Date: 21-04-2021 Ankush Manhas
Advocate
3|Page

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No._____________ of 2021

Ghulam Qadir Dar. vs U.T of J&K & Ors.

MEMO OF PARTIES
Ghulam Quadir Dar, Age 55 Years,
S/O Muna Dar, R/O Village Seal, Tehsil & District Doda.

….PETITIONER…
VERSUS

1. U.T of J&K, Through Commissioner Secretary Rural

Development Department, Civil Secretariat,
Jammu/Srinagar.
2. Director MGNREGA, Govt. of India, Rural Development
Department Krishan Bhawan New Delhi.
3. Assistant Commissioner Development, Doda.
4. Director Anti-Corruption Bureau J&K,
5. Director General of Police Jammu.
6. Additional Superintendent of Police HQRS Doda,
7. Muneer Khan, the then SHO Police Station Doda at
present SHO Ramsoo, Range Ramban.
8. ASI Mushtaq Ahmed, at present Incharge Post Gwari
Gandoh,
9. Mohd Ashraf Havaldar, S/O Mohd Rustam Sheikh at
present Police Station Doda.
10. Santosh Kumar, Block Development Officer Dali
Udhyanpur, District Doda.
11. Amit Kumar Junior Engineer, Rural Engineering Wing,
Rural Development Department, Doda.
12. Nisar Ahmed Butt, Vendor, S/O Abdul Gani Butt, R/O
Seel District Doda,
4|Page

13. Adil Hussain Shah, Vendor, S/O Altaf Hussain Shah, R/O
Bhandass District Doda,
14. Riaz Ahmed Attu, S/O Ghulam Qadir Attu R/O Dhar
15. Manoj Kumar Block Development Officer, at present
Gundna Doda,
16. Barkat Ali, MPW S/O Raza Mohd, R/O Panchayat Seel
Block Dali Udhyanpur,
17. Shabir Ahmed GRS, S/O Nazir Ahmed, R/O Jijote,
Panchayat Seel Block Dali Udhyanpur,
18. Tilak Raj, Junior Assistant , Rural Development
Department, Block Dali Udhyanpur Doda.
19. Ashok Kumar MIS Operator, Block Dali Udhyanpur Doda
20. Shiv Charan (Operator), Junior Assistant ACD Office
Doda.
21. Sarpanch Nasreena Begum W/O Nissar Ahmed Butt, at
present Panchayat Seel Block Dali Udhyanpur.

…. RESPONDENTS.…

FILED BY:

Place: Jammu Ankush Manhas

Dated: 21-04-2021 Advocate
5|Page

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No._____________ of 2021

Ghulam Qadir Dar vs U.T. of J&K & Ors.

LIST OF DATES
11-02-2016 Circular no. ACDD/Circular/2015-2016 dated

11/02/2016 ordered that all Block Development Officers

will hold a special Gram Sabha in every Gram Panchayat

and identify & register genuine vendors after due

consultation & approval of Gram Sabha.

09-07-2019 An application was filed in the court of Chief Judicial

Magistrate, Doda for registration of FIR U/S 156(3).

17-09-2019 That ADC Doda directed the BDO, Dali Udhyanpur to

produce complete record of payment of materials for

the year 2018-19.

25-09-2019 The ADC Doda directed the BDO, Dali Udhyanpur to

produce complete plan of work executed in panchayat

Seel from 2015-16 to 2018-19.

27-09-2019 The ADC Doda directed the BDO, Dali Udhyanpur to

direct the vendors who have executed work in Block

Dali Udhyanpur in financial year 2018-19 to attend the

office of the Deputy Commissioner, Doda.

30-09-2019 The ADC Doda again directed the BDO, Dali Udhyanpur

to produce plan of Panchayat Seel executed from the

year 2015-16 to 2018-19.

6|Page

09-10-2019 The ADC Doda once again directed the BDO, Dali

Udhyanpur to attend his office alongwith AEE, JE and

VLW of Panchayat Kalihand.

11-10-2019 The ADC Doda visited Panchayat Kalihand.

12-10-2019 The ADC Doda revealed that there are huge

Discrepancies in material payment, labour payment and

payment of Carriage which has resulted in huge loss

and substandard works in Panchayat Seel/Kalihand.

16-12-2019 The ASP Doda to provide the detail report and authentic

record with regard to amounts drawn.

29-01-2020 The ASP Doda requested to depute concerned

patwari/staff at the sight of disputed land for

demarcation and after doing needful submitted the

report.

02-03-2020 The concerned patwari visited the spot of disputed land

and submitted the report.

Petitioner
Through Counsel

PLACE: JAMMU.
DATED: Ankush Manhas
Advocate
7|Page

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU.
Writ petition No._____________ of 2021

Writ Petition is filed under Article 226 of the Constitution of India

Subject Matter pertains to District Doda

Ghulam Quadir Dar, Age 55 Years,

S/O Muna Dar,
R/O Village Seal, Tehsil & District Doda.

….PETITIONER…
VERSUS
1. U.T of J&K, Through Commissioner Secretary Rural Development
Department, Civil Secretariat, Jammu/Srinagar.
2. Director MGNREGA, Govt. of India, Rural Development
Department Krishan Bhawan New Delhi.
3. Assistant Commissioner Development, Doda.
4. Director Anti-Corruption Bureau J&K,
5. Director General of Police Jammu.
6. Additional Superintendent of Police HQRS Doda,
7. Muneer Khan, the then SHO Police Station Doda at present SHO
Ramsoo, Range Ramban.
8. ASI Mushtaq Ahmed, at present Incharge Post Gwari Gandoh,
9. Mohd Ashraf Havaldar, S/O Mohd Rustam Sheikh at present
Police Station Doda.
10. Santosh Kumar, Block Development Officer Dali Udhyanpur,
District Doda.
11. Amit Kumar Junior Engineer, Rural Engineering Wing, Rural
Development Department, Doda.
12. Nisar Ahmed Butt, Vendor, S/O Abdul Gani Butt, R/O Seel
District Doda,
13. Adil Hussain Shah, Vendor, S/O Altaf Hussain Shah, R/O
Bhandass District Doda,
14. Riaz Ahmed Attu, S/O Ghulam Qadir Attu R/O Dhar
8|Page

15. Manoj Kumar Block Development Officer, at present Gundna

Doda,
16. Barkat Ali, MPW S/O Raza Mohd, R/O Panchayat Seel Block Dali
Udhyanpur,
17. Shabir Ahmed GRS, S/O Nazir Ahmed, R/O Jijote, Panchayat Seel
Block Dali Udhyanpur,
18. Tilak Raj, Junior Assistant , Rural Development Department,
Block Dali Udhyanpur Doda.
19. Ashok Kumar MIS Operator, Block Dali Udhyanpur Doda
20. Shiv Charan (Operator), Junior Assistant ACD Office Doda.
21. Sarpanch Nasreena Begum W/O Nissar Ahmed Butt, at present
Panchayat Seel Block Dali Udhyanpur,

…. RESPONDENTS.…

IN THE MATTER OF:-

Public Interest Litigation by way of writ petition under
Article 226 of the Constitution of India for issuance of: -
a. WRIT OF MANDAMUS:
Commanding the respondents no. 1 to 4 to comply
and enforce Mahatma Gandhi National Rural
Employment Guarantee Act 2005, and orders issued
from time to time in letter and spirit and regulate the
registration of job cards, allocation and execution of
works, release and utilization of funds and
maintenance of records as per the mandate of the
said Act, scheme and guidelines particularly in block
Dali Udhyanpur Seel, District Doda,
Commanding and directing the respondent number 1
to appoint the ombudsman in district Doda as per
schedule one of Mahatma Gandhi National Rural
Employment Guarantee Act 2005.
Commanding and directing the respondent number 1
to supervise and monitor the flow of funds under
Mahatma Gandhi national rural employment
guarantee act 2005 including allocation, release,
9|Page

utilization and unspent balances and ensure the

implementation of the act and scheme for attaining
the desired objective.
Commanding the respondents no. 4 and 5 to register
FIR against the respondents no. 7 to 21 and other
functionaries of the MGNREGA, technical experts,
Sarpanches, Vendors and other beneficiaries who
have misappropriated/embezzled crores of rupees of
the state exchequer under the heads material
component payment of wages to skilled and
semiskilled workers, registration of ineligible persons
as job cardholders, issuing two or more job cards in
the name of a single person, issuing work orders and
releasing payments against the work done by dead
persons, in derogation of the act and scheme;
Or in the alternative direct the respondent no.4 and
5 to constitute the special investigation team for
conducting thorough probe into the matter
And
For issuance of any other writ, direction or command
which the Hon’ble Court deems fit and proper as per
the circumstances of the case in favour of the
petitioner and against the respondents.

MAY IT PLEASE YOUR LORDSHIPS;

Your humble petitioner arrayed hereinabove, most

respectfully showiest his bonafide grievance for kind appreciation and
redressal at the hands of the Hon’ble Court inter alia, as under:-

1. That the petitioner is a permanent resident of the U.T. of Jammu and

Kashmir and citizen of India as such is entitled to the guarantee,
benefits and enjoyment of fundamental rights. Besides the above
petitioner is also under the protected umbrella of the Constitutional,
legal and statutory right as has been legislated by under the Authority
of the Constitution of India.
10 | P a g e

2. That the petitioner is filing the present petition in Public interest. The
petitioner has no personal interest in the petition and the petition is not
guided by self-gain and there is no motive other than public interest in
filing the said petition.

3. That the petitioner in the present petition is using legal tool which allow
individuals, groups and communities to challenge govt. decisions and
activities in a court of Law for the enforcement of public interest. The
illegal, arbitrary and unconstitutional conduct of the respondents who
are hell bent upon ignoring and violating the mandate of the
Constitution of India, constrained the petitioner to approach this
Hon’ble High Court.

4. That office of the Assistant Commissioner Development Doda vide

Circular no. ACDD/Circular/2015-2016 dated 11/02/2016 ordered that
all Block Development Officers will hold a special Gram Sabha in every
Gram Panchayat and identify & register genuine vendors after due
consultation and approval from Gram Sabha. Further, the list of existing
vendors to be duly displayed during the special Gram Sabhas. And this
exercise was supposed to be completed within next fifteen days and
then to submit final list to the office of ACD with one copy to the
Director Rural Development Department, Jammu.

A copy of the Circular no. ACDD/Circular/2015-2016 dated: 11-02-2016

is attached herewith and marked as Annexure-I.

5. That despite of the directions from Assistant commissioner

Development Doda as stated above, no such directions were followed
and neither any list of existing vendors was submitted to the office of
ACD nor any copy was given to the Director Rural Development
Department, Jammu. However, the work was allotted to the vendor
without following the said circular and it is also pertinent to mention
here that a single vendor has been allotted with multiple works and
some vendors have been allotted outside their Panchayats.
11 | P a g e

6. That several applications as well as complaints were filed before the

SHO concerned, that is respondent no. 7, but the respondents no. 7 to
9, who were in hand and gloves with the other respondents including
officials of the rural development department, did not register FIR
despite there being material grounds to proceed and initiate the
criminal proceedings. Constrained thus, an application was filed in the
court of Chief Judicial Magistrate, Doda on 09-07-2019 for registration
of FIR in terms of Section 156(3) Cr.PC against the respondents. But till
date no FIR has been registered till date.

Copy of Order dated 09-07-2019 is enclosed herewith and marked as

ANNEXURE-II.

7. That Addl. Deputy Commissioner, Doda on receiving the complaint

against Block Development Officer Dali Udhyanpur, sarpanches and
other body of the block as they work together and are paying the
amount of material for the year 2018-19 to some personal vendor such
as brother of some Panches and Sarpanches, the ADC Doda directed
the BDO, Dali Udhyanpur (Respondent No. 3) vide letter no. DVO/D
/Vigilance/2019/264 dated 17-09-2019 to produce complete record of
payment of materials for the year 2018-19 on 25-09-2019, so that
enquiry in the matter is conducted accordingly.
Copy of letter no. DVO/D /Vigilance/2019/264 dated 17-09-2019 is
enclosed herewith and marked as ANNEXURE-III.

8. That Addl. Deputy Commissioner, Doda again on receiving the

complaint for misappropriation/embezzlement of Govt. funds in non-
execution of works in Panchayat Seel Bhandass Block Udhyanpur Head
quarter Dali Tehsil and District Doda directed Respondent No. 3 vide
letter no. DVO/D/Vigilance/2019/285 dated 25-09-2019 to produce
complete plan of work executed in panchayat Seel from 2015-16 to
2018-19 in his office on 08-09-2019, for further course of enquiry in the
matter.
Copy of letter no. DVO/D /Vigilance/2019/285 dated 25-09-2019 is
enclosed herewith and marked as ANNEXURE-IV.
12 | P a g e

9. That Addl. Deputy Commissioner, Doda vide letter no.

DVO/D/Vigilance/2019/287 dated 27-09-2019 directed Respondent No.
3 to direct the vendors who have executed work in Block Dali
Udhyanpur in financial year 2018-19 to attend the office of the Deputy
Commissioner, Doda on 03-10-2019 and also directed Respondent No.
3 to produce the complete record of payment in financial year 2018-19.
A copy of letter no. DVO/D /Vigilance/2019/287 dated 27-09-2019 is
enclosed herewith and marked as ANNEXURE-V.

10. That Addl. Deputy Commissioner in reference to letter no. DVO/D

/Vigilance/2019/285 dated 25-09-2019 again directed the BDO, Dali
Udhyanpur(Respondent No.3)vide letter no. DVO/D/Vigilance/2019/295
dated 30/09/2019 to produce plan of Panchayat Seel executed from the
year 2015-16 to 2018-19.

Copy of letter no. DVO/D /Vigilance/2019/295 dated 30-09-2019 is

enclosed herewith and marked as ANNEXURE-VI.

11. That Addl. Deputy Commissioner once again directed the BDO, Dali
Udhyanpur(RespondentNo.3) vide letter no. DVO/D/Vigilance/2019/307
dated 09-10-2019 to attend his office alongwith AEE, JE and VLW of
Panchayat Kalihand and thereafter the Addl. Deputy Commissioner vide
letter no. DVO/D/Vigilance/2019/339 dated 11-10-2019 informed BDO
Dali Udhyanpur(Respondent No.3) about the date fixed by him for
visiting in Kalihand panchayat and directed BDO Dali Udhyanpur to
remain on spot along with AEE, JE, VLW, GRS and concerned Sarpanch
as well as prominent persons/Laborers of the said Panchayat.

Copy of letter no. DVO/D/Vigilance/2019/307 dated 09-10-2019 and

copy of letter no. DVO/D/Vigilance/2019/339 dated 11-10-2019 are
enclosed herewith and collectively marked as ANNEXURE VII.

12. That Addl. Deputy Commissioner vide letter no.

DVO/D/Vigilance/2019/341-47 dated 12-10-2019 revealed that there
13 | P a g e

are huge Discrepancies in material payment, labour payment and

payment of Carriage which has resulted in huge loss and substandard
works in Panchayat Seel/Kalihand.
Copy of letter no. DVO/D/Vigilance/2019/341-47 dated 12-10-2019 is
enclosed herewith and marked as ANNEXURE VIII.

13. That during the investigation it was found that a payment was made
without bill of the work namely” Constt. Of P/Path at Gowari to Road”
Panchayat Seel Block Dali Udhyanpur executed during the year 2015-
2016 and BDO Dali Udhyanpur(Respondent No.3) was directed by ADC
Doda to explain the reason for making that payment Vide letter no.
DVO/D/Vigilance/2019/476 dated 09/12/2019.

Copy of that letter no. DVO/D/Vigilance/2019/476 dated 09/12/2019 is

enclosed herewith and marked as ANNEXURE IX.

14. That a compliant was also lodged by inhabitants of Panchayat Seel

through Prithvi Raj and the petitioner, R/O Seel before Dy.
Superintendent of Police HQRS Doda alleging that a number of works
under scheme MGNREGA, not been executed on papers in panchayat
Seel, for which the funds stand drawn in favour of beneficiaries in
connivance with the Gram Sevaks (VLW) and some employees of
exchequer. An enquiry was initiated in this respect by Dy. Supdt. Of
Police against Block Development Officer, Dali Udhyanpur and vide
letter no. DHQ/Clt/2019/1776-89 BDO was directed to provide
information for the disposal of the complaint.
Copy of the letter no. DHQ/Clt/2019/1776-89 is enclosed herewith and
marked as ANNEXURE-X.

15. That some other frauds were also committed by the officials of the
department in connivance with Nisar Ahmed Bhat S/O Abdul Gani Bhat,
Mohd Ajmal Ganai, Mushtaq Ahmed, Adil Hussain, Masqoor Ahmed,
Mohd Ilyas, Fareed Ahmed Bhat, Bhat sons, Bhat Constructions by
disproportioning the assets of MG-NAREGA, SBM CSC, 14th FC,
MPLAD,CDF,PMAYG,IAY Block Dali Udhyanpur in connivance with
officers/officials of Block Udhyanpur by drawing amounts on account of
14 | P a g e

MGNAREGA and other heads on fraudulent manners for the year 2014
to till date. A complaint was made in this regard to Addl.
Superintendent of Police HQRS Doda who vide letter NO. ASP-
Doda/CLt/2019/2216-18 dated 16-12-2019 directed respondent no. 3 to
provide the detail report and authentic record with regard to amounts
drawn.

Copy of the letter no. ASP-Doda/Clt/2019/2216-18 dated 16-12-2019

and the vendor wise Expenditure list for 2019-2020 is enclosed
herewith and marked as is enclosed herewith and marked as
ANNEXURE-XI.

16. That a piece of land of PMGSY is also encroached by Panchayat Halqa

Sarpanch in connivance with officers and employees of Respondent No.
1 in RD no. 575-675 Zig no. 2 in village Seal by building a protection
wall of 9 feet height on encroached land.

17. That ASP Doda vide letter no. ASP/Doda/Clt/2020/168-171 dated 29-
01-2020 requested to depute concerned patwari/staff at the sight of
disputed land for demarcation and after doing needful submitted the
report.

A copy of this communication vide letter no. ASP/Doda/Clt/2020/168-

171 dated 29-01-2020 is enclosed herewith and marked as
ANNEXURE-XII.

18. That the concerned patwari visited the spot of disputed land and
submitted the report.

A copy of the report submitted by Patwari Halqa dated 02-03-2020 is

enclosed herewith and marked as ANNEXURE-XIII.

19. That it is also pertinent to mention here that elected sarpanch and
employee of BDO Dali Udhyanpur have appointed a dead person
namely Ramesh Kumar for work in work register under MG-NEREGA.
15 | P a g e

The said person died on 3rd July 2019 but still the attendance of that
dead person is being regularly marked.

Copy of Job card along with Muster roll Report is enclosed herewith and
marked as ANNEXURE-XIV.

20. That the residents of area have complained before every authority,
wherever they could approach, but till date just inquiries have been
made but nothing substantial have been done in this regard. DC Doda
did seize some files but nothing more have been done by him also.
Hence at this stage the petitioner is left with no other efficacious
remedy available to them except to file the PIL before this Hon’ble
court.

21. That the Sarpanch of Seel namely Nasreena Begum W/O Nisar Ahmed
Bhat has managed to get the majority of works in the name of her
husband in the year 2019-20, 2020-21 and in connivance with the
officials of the department has withdrawn a huge amount against the
supply of material which infact has never been supplied on grounds.

A copy of the Vendor Wise Expenditure dated 02-Nov. 2020 is enclosed

herewith and marked as Annexure- XV

22. That the officials of the department issued two job cards in the name of
one person namely Naresh Kumar and issued various works to the said
Naresh Kumar against his two job cards and accordingly released a
huge amount in his favour. This has been done by the officials of
department in connivance with the Sarpanch of the area Panchayat
Seel Nasreena Begum and village level worker Barkat Ali and MIS
Operator Ashok Kumar.
Copies of the two job cards issued in the name of Naresh Kumar are
enclosed here with and collectively marked as Annexure-XVI

23. That in a complaint filed by one of the inhabitants of the area

Mohammed Ishaq Dar, Dy SP of police Kishtwar wrote to the block
16 | P a g e

development officer Guard district Doda for furnishing the details of

residential houses of Anayat Dar constructed under IAY scheme and
also directed to furnish their land record whether they have constructed
their houses in Auqaf land or otherwise.
A copy of the said letter is enclosed here with and marked as
Annexure- XVII

24. That another complaint was also forwarded to Hon’ble Lieutenant

Governor UT of Jammu, for fraud committed and disproportionate
assets thereof MGNREGA/SBM/CSC-LOB/PMAY/14thFC/15th FC in Block
Dali-Udhyanpur, District Doda and requested to conduct an enquiry and
action as warranted under rules against the accused persons under law.
A copy of the acknowledgement of online grievance is enclosed
herewith and marked as Annexure- XVIII

25. That on 25th-09-2019 a complaint was filed before the District

Development Commissioner Doda by the inhabitants of village seal
regarding misappropriation/embezzlement of government funds in non-
execution of works in Panchayat seal, even after which no action has
been taken till date.
A copy of the complaint dated 25-09-2019 is enclosed here with and
marked as Annexure-XIX

26. That upon the complaint filed by one of the locals Mohammad Ishaq
Dar, the Assistant Commissioner development Doda constituted a
committee of two persons to inquire into the complaint and directed it
to furnish the detailed enquiry report within three days along with
recommendations. It is worthwhile to mention here that even after
formation of the said committee on 11-01-2021, nothing substantial has
been done till date.
A copy of the letter dated 11-01-2021 is enclosed here with and
marked as Annexure-XX

27. That vide letter no XEN/REW/D/2020–21/1103 dated 16-01-2021, the

Executive Engineer or EW Doda forwarded the same to the block
17 | P a g e

development officer Dali Udhyanpur Doda, and asked the latter to

provide the below mention record to the members of the enquiry
committee framed for the purpose at an earliest.
A copy of the letter no XEN/REW/D/2020–21/1103 dated 16-01-2021, is
enclosed herewith and marked as Annexure-XXI

28. That the respondents have completely violated the norms and
guidelines of 14th -15th FC, since 2015-16 till date. The works as per the
said plans were not executed on ground level. There is huge
discrepancy in the execution of works and the supply of material for the
works claimed to be done under these plans. The private respondents
including high officials of the Rural Development Department and
Panchayat Seel have managed to misappropriate the govt. funds and
have released lacs of rupees in favour of their blue-eyed persons. Also,
under back to Village 2nd programme the motorable road from Tolwal to
Chakri Bhandass has been allotted to one blue eyed person without
tendering and many CD Panchayat works also have been allotted to the
persons of their choice without following the due process of law,
resulting in non-execution of works by them.

29. That the petitioner has based the instant petition from authentic
information and documents obtained from various Govt. departments
and has determined the veracity of the same.

30. That the petition, if allowed, would benefit the citizens of the area
generally as a rule of law is essential for Democracy and such brazen
violation of law by the respondents can be stopped by the orders of this
Hon’ble court only.

31. That the petitioner has not filed any other case, appeal or writ petition
on the same subject matter before any court including the Apex Court.
An affidavit in support is enclosed herewith.
18 | P a g e

IN THE PREMISES : -

It is therefore, prayed that in the facts and

circumstances of the present case this Hon’ble Court may be
pleased to issue any appropriate Writ/Direction in the like
nature to the respondents: -

a. Writ of Mandamus: Directing and

commanding the respondents no. 1 to 4 to
comply and enforce Mahatma Gandhi National
Rural Employment Guarantee Act 2005, and
orders issued from time to time in letter and spirit
and regulate the registration of job cards,
allocation and execution of works, release and
utilization of funds and maintenance of records as
per the mandate of the said Act, scheme and
guidelines particularly in block Dali Udhyanpur
Seel, District Doda,

b. Commanding and directing the respondent

number 1 to appoint the ombudsman in district
Doda as per schedule one of Mahatma Gandhi
National Rural Employment Guarantee Act 2005.

c. Commanding and directing the respondent

number 1 to supervise and monitor the flow of
funds under Mahatma Gandhi national rural
employment guarantee act 2005 including
allocation, release, utilization and unspent
balances and ensure the implementation of the
act and scheme for attaining the desired
objective.

d. Commanding the respondents no. 4 and 5 to

register FIR against the respondents no. 7 to 21
and other functionaries of the MGNREGA,
technical experts, Sarpanches, Vendors and other
19 | P a g e

beneficiaries who have

misappropriated/embezzled crores of rupees of
the state exchequer under the heads material
component, payment of wages to skilled and
semiskilled workers, registration of ineligible
persons as job cardholders, issuing two or more
job cards in the name of a single person, issuing
work orders and releasing payments against the
work done by dead persons, in derogation of the
act and scheme;
Or in the alternative direct the respondent no. 4
and 5 to constitute the special investigation team
for conducting thorough probe into the matter.

e. For issuance of any other writ, direction or

command which the Hon’ble Court deems fit and
proper as per the circumstances of the case in
favour of the petitioner and against the
respondents.

Petitioner
Through Counsel
Dated: 21-04-2021

Place: Jammu
Ankush Manhas
Advocate
20 | P a g e

ANNEXURE-I
21 | P a g e

ANNEXURE-II
22 | P a g e
23 | P a g e

ANNEXURE-III
24 | P a g e

ANNEXURE-IV
25 | P a g e

ANNEXURE-V
26 | P a g e
27 | P a g e

ANNEXURE-VI
28 | P a g e

ANNEXURE-VII
29 | P a g e
30 | P a g e

ANNEXURE-VIII
31 | P a g e

ANNEXURE-IX
32 | P a g e

ANNEXURE-X
33 | P a g e

ANNEXURE-XI
34 | P a g e

ANNEXURE-XII
35 | P a g e

ANNEXURE-XIII
36 | P a g e
37 | P a g e

ANNEXURE-XIV
38 | P a g e
39 | P a g e
40 | P a g e
41 | P a g e

ANNEXURE-XV
42 | P a g e
43 | P a g e
44 | P a g e
45 | P a g e
46 | P a g e

ANNEXURE-XVI
47 | P a g e
48 | P a g e

ANNEXURE-XVII
49 | P a g e

ANNEXURE-XVIII
50 | P a g e

ANNEXURE-XIX
51 | P a g e

ANNEXURE-XX
52 | P a g e

ANNEXURE-XXI
53 | P a g e

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No._____________ of 2021

Ghulam Qadir Dar vs U.T. of J&K & Ors.

IN THE MATTER OF:

An affidavit in support of the WRIT PETITION

I, Ghulam Quadir Dar, Age 55Years, S/O Muna Dar, R/O Village
Seal, Tehsil & District Doda., J&K, do hereby state on oath/solemn
affirmation that I have read the petition and that the contents of
paras 01 to 27 of the petition are true to my personal knowledge and
those of paras 28 to 31 are true upon legal advice received by me
which I believe to be true.

I solemnly swear/affirm that this affidavit is true, no part of this is

false and nothing has been concealed.

Deponent
54 | P a g e

META DATA FORM FOR HIGH COURT

1. Nature of matter PIL
2. Petitioners
Name and Address
1. Ghulam Quadir Dar, Age 55 Years,
S/O Muna Dar, R/O Village Seal, Tehsil & District Doda.
2. Prithvi Raj, Age 45 Years,
S/O Ludder Chand, R/O Village Seal, Tehsil & District Doda.
(b) email ID Not Known
(c) Mobile Phone Number:
(d) Age WRITTEN ABOVE
(e) Advocate Name Ankush Manhas
(f) Advocate’s email id manhasankush21@gmail.com
(g)Advocate’s mobile No. 9469503840, 7006225908
(h) Advocate Code
(i) Advocate Enrollment No. JK 103/2009
3. Respondent
1. Name and U.T of J&K, Through Commissioner Secretary Rural
Development Department, Civil Secretariat, Jammu/Srinagar.
2. Director MGNREGA, Govt. of India, Rural Development
Department Krishan Bhawan New Delhi.
3. Assistant Commissioner Development, Doda.
4. Director Anti-Corruption Bureau J&K,
5. Director General of Police Jammu.
6. Additional Superintendent of Police HQRS Doda,
7. Muneer Khan, the then SHO Police Station Doda at present SHO
Ramsoo, Range Ramban.
8. ASI Mushtaq Ahmed, at present Incharge Post Gwari Gandoh,
9. Mohd Ashraf Havaldar, S/O Mohd Rustam Sheikh at present
Police Station Doda.
10. Santosh Kumar, Block Development Officer Dali Udhyanpur,
District Doda.
11. Amit Kumar Junior Engineer, Rural Engineering Wing, Rural
Development Department, Doda.
12. Nisar Ahmed Butt, Vendor, S/O Abdul Gani Butt, R/O Seel
District Doda,
13. Adil Hussain Shah, Vendor, S/O Altaf Hussain Shah, R/O
Bhandass District Doda,
14. Riaz Ahmed Attu, S/O Ghulam Qadir Attu R/O Dhar
55 | P a g e

15. Manoj Kumar Block Development Officer, at present Gundna

Doda,
16. Barkat Ali, MPW S/O Raza Mohd, R/O Panchayat Seel Block Dali
Udhyanpur,
17. Shabir Ahmed GRS, S/O Nazir Ahmed, R/O Jijote, Panchayat Seel
Block Dali Udhyanpur,
18. Tilak Raj, Junior Assistant , Rural Development Department,
Block Dali Udhyanpur Doda.
19. Ashok Kumar MIS Operator, Block Dali Udhyanpur Doda
20. Shiv Charan (Operator), Junior Assistant ACD Office Doda.
21. Sarpanch Nasreena Begum W/O Nissar Ahmed Butt, at present
Panchayat Seel Block Dali Udhyanpur,

(b)Mobile/Phone No Not known

(c)Age Not known
(d) Advocate Name Not known
(e) Advocate’s email –Id Not known
(f) Advocate’s mobile No. Not known
4. Department
(a)Department Name
(b) email id
(c)Phone No.
5. Special Category
6. Act
7. Title of the Act
8. Section
9. Civil Cases NA
10. Criminal Maters
11. MACT Cases NA
12.Fee Details
Amount Rs. /-
Mode of Payment Stamps
Date of Payment
56 | P a g e

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU.
VAKALATNAMA
Plaintiff / Applicant/ Petitioner / Complainant / Applicant V/s Defendant / Non- applicant / Respondent know all to
whom these presents shall come that I/We Gulam Qadir Dar . do hereby constitute, appoint, engage and nominate
Ankush Manhas & Associates Advocate, High Court of Jammu & Kashmir, ( hereinafter called the Advocate) to
be my/our Advocate in the above noted cause and authorized him:-
To act appear and plead in the above-noted cause in the court, or in any other court in which the same may
be tried or head and also in the appellate court. To sign, file and present pleadings, appeals, cross abjections,
applications or petitions of execution, review, revision, restoration, withdrawal, compromise or other petitions,
replies, objectives, affidavits, or other documents as he deems many necessary or proper for the prosecution of the
said case in its stages.
To be filed and take back documents and to with draw or compromise the said cause or submit to
arbitration any differences or disputes that may arise touching or in any manner relating to the said cause and to
take out executions proceeding and to deposit, draw and receive, money and grant receipt thereof, and do all
other acts, and thing which may necessary to be done for the progress .and in the course of the prosecution of the
said cause and to appoint and instruct any other legal practitioner authorizing him to exercise the power and
authorities hereby by conferred upon the Advocate whenever he may think fit to do so.

And I/We undertake that I/We or my/our duly authorized agent shall appear in the court on all hearings.
And I/we the undersigned, do hereby agree that in the event of the above cause taken up on tour.. I/We shall par
extra fees. And I/We the undersigned, do hereby agree not to hold Advocate or his substitute responsible for the
said cause is called up for hearing or for any negligence of the said substitute. I undertake to remain present in the
court on every date of case.

And I/We undersigned, do hereby agree that in the event of the whole or any part of the fee agree by
me/us to be paid to the Advocate preparing unpaid he shall be entitled to withdraw from the prosecution of the
said cause without notice. If any costs of allowed for an adjournment the Advocate would be entitled the same.

And I/We undersigned do hereby agree to ratify and confirm all such acts, as if done by me/us for all
intents and purpose. I/We do herby set/our hand/s to the present the contents of which have been understood by
me/us on 20th April 2021.

Accepted subject to the terms of Fees.

Ankush Manhas

ADVOCATE CLIENT
57 | P a g e

Photographs of Petitioner Gulam Qadir Dar and Counsel for the

Petitioner

Petitioner’s Counsel

Advocate Ankush Manhas

Mob No. 9419151791,

Whatsapp No. 9469503840

manhasankush21@gmail.com
58 | P a g e

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No._____________ of 2021

Ghulam Qadir Dar vs U.T. of J&K & Ors.

IN THE MATTER OF:

Application for extension of time for deposition of
court fee as well as attested affidavit.

MAY IT PLEASE YOUR HONOUR,

The applicant most humbly and respectfully submits as under:
1. That the above titled writ petition has been file by the petitioners, which is
sure to succeed on merits.
2. That in view of the covid 19 outbreak the applicants have preferred filing
the writ petition through virtual mode as such it is not possible for the
applicant to attach the court fee as well as attested affidavit.
3. That the present application is thus filed for the extension of time in
depositing the court fee as well as attested affidavit once the physical
appearances starts hence the application.

IN THE PREMISES::
It is therefore most humbly prayed that the present application be allowed
and the time be granted for the depositing the court fee as well as attested
affidavit later in time in the interest of justice.

Date: 21-04-2021 Applicant

Place: Jammu Through Counsel

ANKUSH MANHAS
Advocate
59 | P a g e

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT

JAMMU
Writ petition No._____________ of 2021

Ghulam Qadir Dar vs U.T. of J&K & Ors.

IN THE MATTER OF:

An affidavit in support of the Extension Application.

I, Ghulam Quadir Dar, Age 55 Years, S/O Muna Dar, R/O Village
Seal, Tehsil & District Doda. J&K. do hereby state on oath/solemn
affirmation that I have read the application and that the contents of
paras 01 to 03 of the application are true to my personal knowledge and
those of para 01 to 03 are true upon legal advice received by me which
I believe to be true.

I solemnly swear/affirm that this affidavit is true, no part of this is

false and nothing has been concealed.

Deponent