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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI, J.
Bishnah Cooperative Medica - Appellant
Versus
State Of J&k - Respondent
OWP No. 1636 OF 2016 c/w OWP No. 1647 OF 2015 WP(C) No. 4305 OF 2019
Decided On : 29-01-2025
(A) Government Order No. 492-HME of 2008 - Allotment of Fair Price Medical Shop - The petitioner sought cancellation of allotment made to two cooperative medical stores for running a Fair Price Medical Shop in a hospital, claiming it was illegal and contrary to the Government Order. The court held that any allotment prior to the Government Order is void. (Paras 3, 14)
(B) Writ Jurisdiction - The court emphasized that allotments within government premises must adhere to established guidelines and procedures, and any unauthorized occupation is not permissible. (Paras 14, 15)
Facts of the case:
The petitioner challenged the allotment of Fair Price Medical Shops to two cooperative stores in a hospital, asserting it violated government policy. The court found that the allotment was indeed contrary to the relevant government order.
Findings of Court:
The court ruled that the allotment of shops in government premises must comply with the Government Order No. 492-HME of 2008, leading to the dismissal of the cooperative stores' petitions and allowing the cancellation of their allotments.
Issues: The main issues were the legality of the allotment of Fair Price Shops in the hospital premises and adherence to the Government Order No. 492-HME of 2008.
Ratio Decidendi: The court concluded that any allotment made prior to the Government Order is invalid, reinforcing the need for compliance with established procedures for allotment in government premises.
Result: Writ petition OWP No. 1647/2015 is allowed; writ petitions OWP No. 1636/2016 and WP
(C) No. 4305/2019 are dismissed.
JUDGMENT :
1. Heard.
2. 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.
3. 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 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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 cam
Allotments of Fair Price Medical Shops in government premises must comply with Government Order No. 492-HME of 2008, rendering prior allotments void.
Allotments of shops in government premises must comply with established guidelines, and prior allotments are void if not conducted according to the relevant government order.
The establishment of fair price shops is a policy decision of the State Government; guidelines are not legally binding rights. Existing license holders cannot claim exclusive operation rights in over....
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