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2025 DAILYLAW 2022 (JK)

BISHNAH COOPERATIVE MEDICAL AND ANOTHER v. UT OF J AND K COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT JAMMU AND OTHERS

LPA/32/2025 · 2025-02-24

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 32/2025 in [OWP 1636/2016] CM No. 1008/2025 CM No. 1009/2025 Cav No. 182/2025 1. Bishnah Cooperative Medical Consumer Store, Bishnah, Through its Secretary Anuj Sajgotra, Age 50 yrs S/o Late Sh. Hardayal Sajgotra R/o H.No. 84, Ward no. 4 Tehsil Bishnah District Jammu 2. Anuj Sajgotra, Age 50 yrs S/o Late Hardayal Sajgotra R/o H.No. 84 Ward No. 4 Tehsil Bishnah District Jammu ….. Appellant(s) Through: Mr. Gagan Oswal, Advocate Vs 1. UT of J&K Through Commissioner Secretary Health and Medical Education Department Civil Secretariat, Jammu 2. Director Health Services Jammu 3. Deputy Director Health Services (HQ) Jammu 4. Block Medical Officer, Sub District Hospital Bishnah 5. Surinder Sharma S/o Late Behari Lal Sharma R/o Village Patti, Tehsil and District Samba .…. Respondent(s) Through: Mr. Raman Sharma, AAG Mr. Munish Sharma, Advocate Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 24.02.2025 Cav No. 182/2025 With the appearance of learned counsel for the caveator, the Caveat stands discharged. LPA No. 32/2025 The appeal in hand has been filed against order dated 29.01.2025 passed in OWP No. 1636/2016 c/w OWP No. 1647/2015 & WP(C) No. Sr. No. 06 2 LPA No. 32/2025 4305/2019, whereby the writ petitions OWP No. 1636/2016 read with WP(C) No. 4305/2019 have been dismissed only on the ground that this Court has already dealt with the similar issue in case titled “Kathua Cooperative Marketing Society Limited, Kathua Vs. State of J&K and others” (OWP No. 969/2013). Learned counsel for the appellants submits that the order dated 26.07.2022 passed by this Court in case titled “Kathua Cooperative Marketing Society Limited, Kathua Vs. State of J&K and others” (OWP No. 969/2013), has been challenged in LPA No. 87/2022 and the said LPA has been dismissed as withdrawn with liberty to lay motion by seeking review of the order impugned therein and till the said review petition is considered, status quo is directed to be maintained. At this stage, learned counsel for the appellants submits that he may be permitted to withdraw this appeal with liberty to file review to the order impugned dated 29.01.2025, to which learned counsel for the respondents have no objection. Their statement is taken on record. Accordingly, this appeal is dismissed as withdrawn with liberty to file review of the impugned order within a period of 10 days from today. However, it is directed that till the review petition is considered, status quo as on date shall be maintained. In the event the review petition is filed, the same shall be listed along with RP No. 125/2022. ( (MA Chowdhary) (Tashi Rabstan) Judge Chief Justice Jammu 24.02.2025 Pawan Angotra Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No Pawan Angotra 2025.02.25 14:57 I attest to the accuracy and integrity of this document