High CourtsSingle Bench

Villagers of Attina vs State and Others

Jammu And Kashmir High Court · Decided on 29 July 2008 · Citation: (2008) 3 JKJ 174

HON’BLE JUDGES
Mansoor Ahmad Mir, J
RESULT
Dismissed
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Judgment

15 paragraphs · 287 words

Mansoor Ahmad Mir, J.—The short question involved in this writ petition is whether the respondent State can be restrained from shifting of

Veterinary Unit from one place to another.

2.

It is averred in the writ petition that a temporary Veterinary Unit came to be commissioned at Village Attina (Beerwah) in the year 1997 in terms

of annexures, A, B and C. Now, the respondents are trying to shift it to village Charangam (Beerwah) at the behest of MLA concerned.

3.

Respondents have resisted the writ petition by the medium of reply and it is specifically stated in the reply that no Veterinary Unit was

established in Village Attina but one Live Stock Assistant from Gundipora, was asked to visit village Atina which is evident from annexure-A to the

writ petition. Further, it is stated that the establishment of centre at Village Charangam came to be established and commissioned in terms of the

Administrative instructions. Thus, writ petition merits to be dismissed.

4.

Documents-annexures-A, B and C, indicate that Veterinary Unit was not sanctioned but only a Live Stock Assistant of Village Gundipora was

asked to attend village Attina twice a week. There is nothing on the file in order to make a prima facie opinion that any Veterinary Unit was

sanctioned for the said village.

5.

The MLA is not a party to this writ petition, thus petition deserves to be dismissed only on this count.

6.

The administrative action/policy matter cannot be questioned by the medium of writ petition provide the same is not against the interests of

public at large and is not outcome of malafides. Accordingly, the writ petition is dismissed along with all connected CMPs. Interim direction, if any,

shall stand vacated.