DISTRICT EX Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) Through the; instant review petition, the petitioner-appellant (hereinafter to be referred to as petitioner-society) seeks review of paras 7 & 9 of the Judgment dated 10-09-2012 passed by this Court, stating that inadvertently an error has crept in in the Judgment with regard to number of members of the petitioner-Society and with regard to number of shops constructed by the Hospital Authorities.

(2.) It is averred in the petition that, in fact, the petitioner-society has a member ship of 119 ex-servicemen, whereas in para 7 of the Judgment, it is shown as 4 Ex-servicemen. Likewise in para No. 9 of the Judgment, it has been reflected that Mrs. Goswami stated that the Hospital Authorities have constructed three shops which has resulted into dismantling of tin shed, whereas, in fact, on the dismantled tin shed, only one shop has been constructed and it was pleaded by the petitioner-society that the same was constructed for providing alternate accommodation to it for running the fair price shop and that the other two shops have still not been constructed.

(3.) When the instant review petition was taken up by this Court on 19-09-2012, it was brought to the notice of the Court by Mr. Raina, learned Sr. Advocate, that after pronouncement of Judgment in the main LPA in presence of Mrs. Goswami, learned Dy. AG, Medical Superintendent, District Hospital, Udhampur had taken the forcible possession of the shop which was earlier allotted to the petitioner-soci ety and that the said shop has also been dismantled to a great extent. Not only that, the medicines lying in the shop were also thrown out. It was also brought to the notice of the Court that the petitioner-society was not given the occupation of the newly constructed shop despite there being a specific direction in this regard. Mr. Raina, thus, sought restitution of the shop also.