GURBACHAN Vs. STATE OF H P

JUDGEMENT

(1.) BY the medium of the present writ petition, the petitioner has sought writ of certiorari seeking quashment of order, dated 05.05.2012 (Annexure P -1) and writ of mandamus commanding respondents No. 1 and 2 to allow veterinary dispensary to function at village Kosri, High Court of H.P.Tehsil Nalagarh, District Solan, on the grounds taken in the memo of the writ petition.

(2.) PRECISELY , the case of the petitioner is that the respondents -Department of Animal Husbandry have opened veterinary dispensary in Village Kosri, Tehsil Nalagarh, District Solan, which is functioning in a room provided/donated by the villagers of the said village alongwith furniture, i.e. table and chairs; village Kosri is situated at a central place; the respondents -State Government without any reason have issued notification dated 05.05.2012 (Annexure P -1), whereby decision was made to open the said dispensary in village Lunus, which is not in the interest of inhabitants of entire Gram Panchayat Lunus and the general public; village Lunus is not centrally located place. The shifting order dated 05.05.2012 (Annexure P -1) is against the public interest, bad in law, arbitrary and malafie.

(3.) RESPONDENTS No. 3 and 4, who came to be arrayed as party respondents in the writ petition vide order dated 19.07.2012, on motion dated 05.07.2012, have also resisted the writ petition, on the grounds taken in their reply/objections.