Jammu & Kashmir High Court
Bishnah Cooperative Medical And … vs State Of J&K And Others on 29 January, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 1636/2016
c/w
OWP No. 1647/2015
WP(C) No. 4305/2019
Bishnah Cooperative Medical and another ....Petitioner(s)
Through :- Mr. Abhinav Sharma, Sr. Advocate with
Mr. Abhirash Sharma, Advocate
Mr. Munish Sharma, Advocate.
V/s
State of J&K and others ....Respondent(s)
Through :- Mr. Amit Gupta, AAG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGMENT
01. Heard.
02. Writ petition OWP No. 1647/2015 came to be filed by the
petitioner-Surinder Sharma on 04.11.2015 by reference to six
respondents named therein with the respondent No. 5 and the
respondent No. 6 being Bishnah Medical Cooperative Consumer
Store Limited, Bishnah and Amar Bishnah Cooperative Medical
Store, Bishnah.
03. Through this writ petition, the writ petitioner-Surinder Sharma
came seeking a direction unto the official respondents to cancel the
allotment made in favour of said two respondents i.e. Bishnah
Medical Cooperative Consumer Store Limited, Bishnah and Amar
Bishnah Cooperative Medical Store, Bishnah for running of Fair
2 OWP No. 1636/2016
c/w
OWP No. 1647/2015
WP(C) No. 4305/2019
Price Medical Shop within the premises of Sub-District Hospital,
Bishnah as being illegal and contrary to Government Order No. 492-
HME of 2008 dated 17.06.2008.
04. In this writ petition, notice came to be addressed to the
respondents. In terms of an order dated 29.08.2017, the writ court
came to direct no allotment of any shop in the new hospital premises
to be made without following the procedure in terms of Government
Order No. 492-HME of 2008 dated 17.06.2008.
05. While the writ petition OWP No. 1647/2015 came to be so
instituted and was pending, a writ petition OWP No. 1636/2016
came to be preferred by two petitioners with the petitioner No. 1-
Bishnah Cooperative Medical Consumer Store, Bishnah acting
through its Secretary Anuj Sajgotra who joined as the petitioner No.
2. The institution of this writ petition came to take place on
15.11.2016.
06. In this writ petition, the two petitioners came claiming the
relief to the extent to prohibit the writ respondents, four in number,
from cancelling the purported allotment of the petitioner No. 1’s Fair
Price Shop in the premises of the Sub-District Hospital, Bishnah
under the name and style Bishnah Cooperative Medical Consumer
Store, Bishnah and further to command and direct the writ
respondents not to auction the shop so run by the petitioner No. 1
and also further seeking quashment of a complaint titled “Surinder
Sharma Vs. Director Health Services, Jammu” pending before the
J&K State Vigilance Commission.
3 OWP No. 1636/2016
c/w
OWP No. 1647/2015
WP(C) No. 4305/2019
07. The four writ respondents in the writ petition OWP No.
1636/2016 are State of J&K, as it was then, through its
Commissioner/Secretary, Health and Medical Education
Department, the Director Health Services, Jammu, the Deputy
Director Health Services (HQ) Jammu and the Block Medical Officer
(BMO), Sub-District Hospital, Bishnah.
08. By virtue of an order dated 17.11.2016 passed in the writ
petition OWP No. 1636/2016, the writ court came to direct status
quo on spot, obtaining on the said date, to be maintained while
putting the respondents to notice.
09. The institution of aforesaid two writ petitions came to be joined
by institution of 3rd writ petition WP(C) No. 4305/2019 filed by the
sole petitioner-Bishnah Cooperative Medical Consumer Store,
Bishnah acting through its Secretary Anuj Sajgotra. Thus, last two
writ petitions came to be filed by same principal petitioner, namely,
Bishnah Cooperative Medical Consumer Store, Bishnah.
10. This 3rd writ petition came to be filed on 25.10.2019. In this
writ petition, the two respondents came to be State of J&K through
Financial Commissioner, Health & Medical Educational Department
and the Director Health Services, Jammu.
11. In this 3rd writ petition, the sole petitioner sought a writ of
mandamus unto the respondents, in particular, the Director Health
Services, Jammu to consider and pass an appropriate order allotting
the petitioner an alternative space for shifting and relocation of Fair
Price Cooperative Medical Consumer Store in the premises of the
newly constructed building of the Sub District Hospital, Bishnah.
4 OWP No. 1636/2016
c/w
OWP No. 1647/2015
WP(C) No. 4305/2019
12. By virtue of an order dated 28.08.2020 in later writ petition
WP(C) No. 4305/2019, the writ court directed listing it along with
the writ petition OWP No. 1268/2018 titled “Bishnah Cooperative
Medical Consumer Store, Bishnah and another Vs. State of J&K
and others” which came to be disposed of in terms of an order
dated 06.07.2018 with a direction to the writ respondents therein to
accord consideration and to take appropriate decisions with respect
to the representation of two petitioners of writ petition OWP No.
1268/2018, strictly in accordance with policy and guidelines, if any,
as also recommendations said to have been made by the Chief
Medical Officer, Health and Family Welfare, Jammu and the disposal
was without adjudication on merits of the petitioners’ claim in the
said writ petitions.
13. Thus, all the afore referred four writ petitions, three pending
and one disposed of, are found carrying the same subject matter and
that is with respect to allotment of Fair Price Shop for medicines in
the hospital premises in reference.
14. All three pending writ petitions should not detain this Court
any longer in light of the judgment given by this Court in the case of
“Kathua Cooperative Marking Society Limited, Kathua Vs. State
of J&K and others” in OWP No. 969/2013 disposed of vide
judgment dated 26.07.2022 wherein this Court came to hold that
the allotment of shops within the Government Premises, in
particular, Hospital Premises is to be governed by the Government
Order No. Government Order No. 492-HME of 2008 dated
17.06.2008 and, accordingly, any allotment whatsoever obtaining in
5 OWP No. 1636/2016
c/w
OWP No. 1647/2015
WP(C) No. 4305/2019
any form prior to the said Government order in favour of anybody is
to come to an end on its own without further extension whatsoever
and, therefore, the same judgment is to hold good for the aforesaid
three writ petitions so pending by holding that the petitioner-
Bishnah Cooperative Medical Consumer Store is nothing but a
disguised entity which has been making best exploit of use and
occupation of public premises without any auction/bidding process
in terms of its allotment and, as such, is not any further entitled to
hold on to the said shop premise in the Hospital Premises.
15. Accordingly, writ petition OWP No. 1636/2016 read with
WP(C) No. 4305/2019 are dismissed and OWP No. 1647/2015 is
allowed by directing discontinuance of use and occupation of the
shops in reference in the Sub District Hospital, Bishnah by the
Bishnah Cooperative Medical Consumer Store rendering it liable to
be evicted therefrom.
16. The detailed judgment is following the order dated 19.12.2023
vide which the writ petition were ordered to be disposed of as hereby
being done.
17. Disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
29.01.2025
Shivalee
Whether the order is speaking :Yes/No
Whether the order is reportable: Yes/No
Shivalee Khajuria
2025.01.29 14:38
I attest to the accuracy and
integrity of this document
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