INHABITANTS OF VILLAGE JAMASIAN Vs. STATE
LAWS(J&K)-2019-5-112
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 24,2019

Inhabitants Of Village Jamasian Appellant
VERSUS
STATE Respondents

JUDGEMENT

Sindhu Sharma, j. - (1.)Petitioner had initially filed a writ petition bearing OWP No.769/2009 calling into question the allotment order issued by the Executive Engineer, Public Works Department, Special Sub-Division Mahore District Reasi in favour of respondent No.7 for construction of a building to house Health "Sub-Centre" (Dispensary) at a distance of 4 kms from its present location. The said writ petition was disposed of by this Court vide order dtd. 6/8/2010, directing as under :-
"In view of the submissions made by the learned counsel for the parties and taking into consideration that a representation has been filed by the petitioners the district Magistrate, Reasi before whom the said representation is pending, is arrayed as party respondent No.6 in the writ petition. The said officer shall consider and dispose of the representation of the petitioners by passed and speaking order within a period of six weeks from the date a copy of this order is made available to aforesaid officer by the petitioners."

(2.)In compliance to the said order, respondent No.3/District Magistrate Reasi vide his order dtd. 15/10/2010 considered the representation of the petitioner and held as under :-
"In view of the facts mentioned above, undersigned is the opinion that the representation submitted by Sh. Ghulam Nabi S/o Abdullah Malik R/o Jamslan carries no weight. Since newly constructed building is located at a distance of 1.4 km only from the existing site and building of the Sub Centre has been constructed and maximum for the population can be benefited by shifting of Health "Sub Centre" (Dispensary) to the newly constructed building. Therefore, the representation submitted by Sh. Ghulam Nabi S/o Abdullah is disposed off accordingly."

(3.)This order dtd. 15/10/2010 has been assailed by the petitioner in the present writ petition. A writ of mandamus is sought by the petitioner to command the respondents to continue the Health "Sub Centre" (Dispensary) at village Jamaslan (Mohra Mokha Gali) and shifting the same from its present venue/location to the different location which according to the petitioner is 4 km away.


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