MOHD YOUSUF TARIGHAMI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER in writ petition 212/2001 represented and still represents Kulgam Constituency in the Jammu and Kashmir State Legislative Assembly. He has filed this litigation and has espoused the cause of the public which is likely to benefit the population of Kulgam Constituency in particular and the district of Anantnag in general. The second writ petition which has been ordered to be listed alongwith the writ petition 212/2001 has been filed on the same subject by the inhabitants of Kulgam. Both these writ petitions shall stand disposed of vide this common judgment.

(2.) THE grievance as projected by the petitioner in OWP 212/2001 be noticed:

(3.) AS per the petitioner, there was a persistent demand by the inhabitants of Kulgam in the district of Anantnag that the State Government should construct a sub -District Hospital. This was because of the multifarious problems faced by the local population of the said area. It was represented that it is inconvenient for the residents of Kulgam and the surrounding area to rush to the district hospital. According to the petitioner, they were not getting proper medical assistance even at the district level. As a matter of fact, the State administration agreed to have a sub -district hospital at Kulgam and some positive measures were taken in this regard; this was in the year 1997. This is adverted to in para 6 of the writ petition. Still later, a communication copy whereof is Annexure -A, was addressed by the Deputy Director, Health Service, Kashmir to the Deputy Commissioner for the district of Anantnag. The subject matter of this communication was to acquire land for construction of a Sub -district hospital at Kulgam. A perusal of this letter makes it apparent that there was a proposal to release a sum of Rs.50 lacs during the financial year 1997 -98 and 1998 -99, and as a matter of fact, it is mentioned that a sum of Rs.30 lacs stood released for purchase of land for Sub -District Hospital at Kulgam. Communication Annexure -A is relevant and is being reproduced below: -