NAZIR AHMED v. UT OF J AND K TH COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT, JAMMU AND OTHERS
WP(C)/569/2026 · 2026-03-09
Ma Chowdhary
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 520 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 520 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 569/2026 CM No. 1334/2026
Nazir Ahmed S/O Miran Baksh R/O Thanole, Tehsil Thakrakote District Reasi.
…..Appellant(s)/Petitioner(s)
Through: Mr. Akeel Wani, Adv.
1. UT of J&K through Secretary to the Government Department of Health & Medical Education Civil Secretariat, Jammu/Srinagar.
2. Chief Medical Officer, Reasi
3. Block Medical Officer, Pouni, Reasi
4. Deputy Commissioner (District Development Commissioner) Reasi.
5. Tehsildar Thakrakote .…. Respondent(s)
Through:
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (09.03.2026)
1. The petitioner through the medium of this petition seeks a direction to the respondents to undertake construction of the building of Primary Health Care/Sub-Centre, Thanole, strictly on the land donated by the petitioner, which stands duly approved by the competent authority and in respect whereof Fard/alienation has already been issued in favour of the respondents and which is the only suitable land and also in view of request/recommendation made by the respondent Nos. 2 and vide letter No. CMO/Rsi/2025-26/8073 dated 09.02.2026 issued by the respondent No. 2 whereby intervention of the respondent No. 4 has been solicited in the matter of construction of the aforesaid Sub Centre. Serial No. 12
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2. Learned counsel for the petitioner submits that the petitioner has donated a piece of land measuring 02 kanals out of total land measuring 07 kanal 14 marlas comprised under Khasra No. 56 situated at village Thanol for setting up Health Centre at Thanol, however, it was alleged that the respondents are now in the process of construction of building of Sub-Centre at a different place that too away from the village and being inconvenient to the inhabitants. 3. Learned counsel for the petitioner has drawn attention of this Court to letter No. CMO/Rsi/2025-26/8073 dated 09.02.2026 made by respondent-Chief Medical Officer, Reasi to the District Development Commissioner, Reasi on the subject with regard to representation filed by the inhabitants of village Thanole and others for raising construction of CHC building at appropriate site and selection of central location for the public benefit. 4. Learned counsel for the petitioner submits that the petitioner shall be satisfied in case the petition is disposed of at this stage with a direction to the District Development Commissioner, Reasi, to consider the matter in the light of the revenue entries made, in the earlier selection of the place of construction and also to decide the representation made by the public to set up health sub-centre in the land of the petitioner, which he intends to donate and also that this Sub-centre had been operating from his house, for the last more than 10 years. 5.
5. In view of the facts and circumstances of the case, and submissions urged by the learned counsel for the petitioner, the petition is disposed of with a direction to the District Development Commissioner, Reasi to consider the matter in the light of the revenue entries made in the earlier selection of the place of construction and to decide the representation made by the public to
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set up health sub-centre at a suitable central place of the village within a period of four weeks from the date a certified copy of this order is made available to him. 6. It is made clear that till the representation is considered by the District Development Commissioner, Reasi and the decision is taken, the work, if started for the construction of building of Sub-Centre, shall remain stayed. 7. Disposed of along with connected application(s). (M A CHOWDHARY)
JUDGE Jammu 09.03.2026 Tarun/PS
Tarun Kumar Gupta 2026.03.09 17:05 I attest to the accuracy and integrity of this document