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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
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
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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