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HIGH COURT OF JAMMU &h475 KASHMIR AND LADAKH

AT JAMMU

WP(C) No.1787/2022

Reserved on: 16.12.2025

Pronounced on: 19.12.2025

Uploaded on : 19.12.2025

1. Residents of Seenthakran, Tehsil & District Udhampur through

Ajay Kumar; aged 34 years

S/o Sh. Bansi Lal, R/o Ward No.06, Village Seenthakran,

Tehsil & District Udhampur.

2. Ravi Kumar; aged 42 years

S/o Sh. Faqir Chand

R/o Ward No.02, Village Seenthakran Tehsil & District Udhampur

3. Sanjay Kumar, aged 44 years

S/o Late Sh. Krishan Chand

R/o Ward No.02, Village Seentharkan

Tehsil & District Udhampur.

…...Petitioner(s)

Through:-M/s Rahil Raja & Amit Bhardwaj,

Advocates

V/s

1. Union Territory of Jammu and Kashmir

Through Commissioner/Secretary to Government

Health and Medical Education Department

Jammu and Kashmir Government Civil Secretariat, Jammu.

2. Director Health Services, Jammu

3. Chief Medical Officer,

Health and Medical Education Department, Udhampur

4. Block Medical Officer, Tikri

5. Executive Engineer,

Public Works (R&B) Department, Udhampur.

6. Shiv Lal, age 65 years

S/o Late Sh. Balwant Gir, R/o Ward No.5, Village Seenthakran,

Tehsil and District Udhampur, Mobile No.8493844190

7. Dev Prakash, age 83 years

S/o Late Sh. Nihal Chand,

R/o Ward No.5, Village Seenthakran,

Tehsil and District Udhampur, Mobile No.9906213187

8. Des Raj, Age 72 years

S/o Sh. Puran Gir,

Ward No.5, Village Seenthakran, Tehsil and District Udhampur

WP(C) No.1787/2022 2

9. Krishan Chand, Age 70 years

S/o Mahesh Gir, R/o Ward No.5, Village Seenthakran,

Tehsil and District Udhampur, Mobile No.9622891694

10. Pawan Kumar, Age 38 years

S/o Late Sh. Nek Ram, R/o Ward No.5, Village Seenthakkran,

Tehsil and District Udhampur,

Mobile No.99006014921

...Respondent(s)

Through:- Mr. Raman Sharma, A AG with

Ms. Chetna Manhas, Advocate

Mr. Pallavi Sharma, Advocate vice

Mr. Ravinder Gupta, AAG

Mr. Ankur Sharma, Advocate

Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

JUDGMENT

1. By this petition, the petitioners have invoked extraordinary writ

jurisdiction of this Court vested under Article 226 of the Constitution of

India, for commanding the respondents to immediately and forthwith

shift the location of Health Sub Centre, Seenthakran, Tehsil and District

Udhampur from Ward No.05 (Morha Upper Seeni) to Ward No.07

(Morha Thall) of the said village with a further direction to restrain the

respondents from constructing the building of Health Sub-Centre at

Ward No.05 of village Seenthakran Tehsil and District Udhampur.

FACTUAL MATRIX

2. The petitioners are the residents of village Seenthakran falling in Tehsil

and District Udhampur. It is stated that Village Seenthakran is located

18 kilometer away from Udhampur Town and total population of the

village is approximately 5000 souls. Gram Panchayat of village

WP(C) No.1787/2022 3

Seenthakran consists of 07 wards. With a view to provide adequate

medical facilities to the residents of village Seenthakran, a Health

Dispensary was started by the respondents in the year 1989. The said

Dispensary was established and started in the year 1989 in Ward No.07

(Morha Thall) of Panchayat Halqa Seenthakran, which is located in the

middle of the said Gram Panchayat, however, due to non-availability of

road connectivity to ward No.07 (Morha Thall), Health Dispensary was

shifted to Ward No.05 (Morha Upper Seeni), which is located at the

boundary of the village Seenthakran. The aforesaid Health Dispensary

has been upgraded to Health Sub-Centre. Prior to up-gradation, Health

Dispensary and after up-gradation, Health Sub-Centre has been

functioning from a rented accommodation in Ward No.05 of the village

Seenthakran.

3. It is stated that respondent Nos. 1 to 4 have decided to construct a

permanent building for the aforesaid Health Sub Centre and after

approval of the proposal, funds also stand sanctioned for construction of

the permanent building. The grievance of the petitioner is that despite

the fact that all the wards of Panchayat Seenthakran are having road

connectivity, new building has been proposed to be constructed in Ward

No.5