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2008 DIGILAW 310 (JK)

Villagers Of Attina v. State

2008-07-29

MANSOOR AHMAD MIR

body2008
1. 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.