Disposed¶19

Masrat Jan v. Union Territory of J and K and Ors. (Social Welfare)

J&K HC3 Feb 2025WP(C)/169/2025

Case brief

AI extract

What is this about?

Anganwari Centre relocation dispute; petitioner Masrat Jan sought shifting of Centre at Umerabad Rednag Ward No.05 from ex-Anganwari Helper Mst. Taja's house to petitioner's own house; HC J&K and Ladakh (Sanjay Dhar, J.) disposed of writ petition treating it as representation to be decided per law within one month; respondents to ensure no obstruction to smooth functioning; order dated 03.02.2025.

What did the court decide?

Direction to the respondents to treat the writ petition as the petitioner's representation and decide it in accordance with law within one month of receipt of copies of the order and writ petition from the petitioner; respondents further directed to ensure no obstruction in the smooth functioning of the Anganwari Centre by the petitioner. ¶19

Masrat Jan Vs Union Territory of J and K and Ors. (Social Welfare) — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to shift the Anganwari Centre located at Umerabad Rednag, Ward No.05, from the house of Mst. Taja (ex-Anganwari Helper) to the petitioner's own house, where she claims to have constructed the requisite infrastructure.

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Court's answer

The petition is disposed of with a direction to the respondents to treat the writ petition as the petitioner's representation and to decide the same in accordance with the law within a period of one month from the date copies of this order and the writ petition are provided by the petitioner to the respondents.

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Ratio / Principle

The respondents shall ensure that no obstruction is caused in the smooth functioning of the Anganwari Centre by the petitioner.

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Detailed headnote1 paragraphs

Writ Petition (Srinagar) — Masrat Jan, operator of the Anganwari Centre at Umerabad Rednag, Ward No.05, sought a direction to shift the Centre from the house of Mst. Taja, a former Anganwari Helper whose engagement stood terminated on her attaining 60 years of age, to the petitioner's own house where she claimed to have constructed the requisite infrastructure, alleging obstruction by Mst. Taja and inaction on her representations. In view of the limited nature of the controversy and with the concurrence of counsel for both sides, the High Court (Sanjay Dhar, Judge) disposed of the petition, directing the respondents to treat it as a representation and decide it in accordance with law within one month of receipt of copies of the order and the writ petition from the petitioner, and further directing that no obstruction be caused to the petitioner in the smooth functioning of the Anganwari Centre. Order dated 03.02.2025.

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S No.6

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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(THROUGH VIRTUAL MODE)

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Masrat Jan

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..... petitioner (s)

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Through :- Mr Bilal Ahmad Malla Advocate

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V/s

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UT of Jammu and Kashmir and ors

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.....Respondent(s)

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Through :- Mr. Zahid Qais Noor G.A.

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Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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ORDER

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1 The petitioner, through the medium of present petition, has sought a direction upon the respondents to shift the Anganwari Centre located at Umerabad Rednag, Ward No.05, from the house of one Mst. Taja (ex-Anganwari Helper) to her own house.

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2 The grievance projected by the petitioner is that when she took up the assignment of operating the Anganwari Centre at the aforesaid location, upon termination of engagement of Mst. Taja as an Anganwari Helper for the said Centre after she had attained the age of 60 years, she was not allowed to operate the Anganwari Centre, which is located in the house of Mst. Taja. It has been contended that the petitioner has constructed the requisite infrastructure for housing the Anganwari Centre in her own house, but the respondents are not shifting the Anganwari Centre to her house which compels her to operate the Anganwari Centre from the house of Mst. Taja, who is causing all sorts of obstructions in running of the Anganwari Centre. It has

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been further contended that the petitioner has represented to the respondents to redress her grievance, but to no avail.

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3 Issue notice to the respondents. Mr. Mr. Zahid Qais Noor G.A. accepts notice on behalf of the respondents.

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4 Having regard to the limited nature of the controversy involved in the present writ petition, the learned counsel for the parties have submitted that

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the petition can be disposed of at this stage itself by extending appropriate directions to the respondents.

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5 Accordingly, the instant petition is disposed of with a direction to the respondents to treat the present writ petition as a representation on behalf of

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the petitioner, and to decide the same in accordance with the law within a period of one month from the date a copy of this order and a copy of the writ petition is provided by the petitioner to the respondents. The respondents shall also ensure that no obstruction is caused in the smooth functioning of the Anganwari Centyre by the petitioner.

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(SANJAY DHAR) JUDGE

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Jammu 03.02.2025 Sanjeev

Masrat Jan v. Union Territory of J and K and Ors. (Social Welfare)

Case brief

What is this about?

What did the court decide?

Masrat Jan v. Union Territory of J and K and Ors. (Social Welfare)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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