Jammu & Kashmir High Court
Kasturi Lal Vaid & Ors vs Union Territory Of J&K & Ors on 25 August, 2022
Author: Sindhu Sharma
Bench: Sindhu Sharma
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 677/2020
CM No. 1554/2020
Pronounced on : 25.08.2022
Kasturi Lal Vaid & ors. .... Petitioner(s)
Through:- Mr. Anuj Dewan Raina, Advocate and
Mr. Sunny Mahajan, Advocate
V/s
Union Territory of J&K & ors. .....Respondent(s)
Through:- Mr. Vishal Bharti, Dy.A.G.
Mr. Rahul Pant, Sr. Advocate with
Mr. Aniruddh Sharma, Advocate
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
JUDGMENT
01. The Directorate of Horticulture Planning & Marketing Department Raj Bagh Srinagar, issued notice for allotment of shop sites at Fruit and Vegetable Market Udhampur pursuant to Advertisement Notice No. DHPM/701/2004/981 dated 14.06.2004.
02. The petitioners being eligible applied for allotment of shop sites and after considering their eligibility, the respondents issued a letter of allotment in their favour. In terms of the allotment letters issued to the petitioners on 20.12.2010, they were informed that the allotment committee had approved the allotment of shop sites in their favour in Fruit and Vegetable Market Udhampur and they were directed to deposit 2 nd installment in the shape of demand draft pledged to Director Horticulture within a period of twenty days.
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03. It appears that, some of the applicants, aggrieved of this allotment, approached this Court by filing fifteen writ petitions. These writ petitions were disposed of by directing the respondents to consider the allotment of shop sites to them provided their cases fall within the eligibility criteria. Pursuant to the directions of this Court, respondent No. 2 issued notice dated 03.10.2013 to all the applicants, who had applied and also those who had filed the writ petitions, for depositing the relevant records with the respondents. The petitioners submit that they had deposited all the relevant record in terms of notice dated 03.10.2013, but despite doing so, their names did not figure in the list of allotment.
04. Aggrieved of dropping of their names from the list of allotment of shop sites, the petitioners preferred a writ petition i.e., OWP No. 380/2014 seeking a direction to the respondents to discharge their obligation by allotting them the respective shop sites in Fruit and Vegetable Market, Udhampur on the basis of their eligibility and entitlement. This writ petition along with other identical writ petitions was finally considered and disposed of vide order dated 15.10.2019 by directing as under:-
"5. Indeed, it has been admitted by the official respondents that the petitioners in OWP No.380/2014 were issued allotment letters of shop sites at Fruit & Vegetable Market, Udhampur, but since they did not deposit their relevant records like ITR, Bank Account Statements etc. in terms of Notice dated 01.10.2013, as such were not considered for allotment by the Allotment Committee. Admittedly, it is not the case of official respondents that the petitioners in OWP No.380/2014 had not completed the requisite formalities or had not annexed the 3 WP(C) No. 677/2020 requisite documents at the time of submission of application forms, nor it is the stand of official respondents that when the draw of lots was made, the petitioners were lacking in any of the requisite formalities; meaning thereby the official respondents issued the allotment letters dated 22.12.2010 to the petitioners after taking into consideration all these aspects and satisfying themselves that the petitioners were fully eligible for the allotment of shop sites-in-question."
6 ...........
7. Viewed thus, I deem it proper to dispose of both the writ petitions by directing the official respondents to consider the petitioners for allotment of shop sites-in-question. Ordered accordingly. In case the petitioners are found to be more in numbers than the available vacant shops, then the official respondents to explore the possibility of making available more shop sites strictly in view of the statement made at the Bar by Mr. Sawhney, learned AAG, as well as in view of Status Report dated 28.03.2018 (supra) so as to accommodate all the eligible applicants/petitioners. Let this exercise be completed within a period of three months from today and relevant allotment orders be issued accordingly after proper verification. Connected IAs, accordingly, stand disposed of."
05. The respondents vide the impugned Notice No. DIP/J-14208-19 dated 25.02.2020 directed the petitioners along with the other six applicants to be present in the Chamber of Tehsil Headquarter Udhampur for finalization of the allotment of shop sites at Fruit & Vegetable Market Udhampur.
06. The grievance of the petitioners is that the process of allotment of respective shops was already concluded in the year 2010, pursuant to which they have also deposited the premium and balance amount and 4 WP(C) No. 677/2020 were also allotted the shop site Nos. 33, 76, 58 & 21 already stand allotted to the petitioners.
07. It is pleaded that the allotment of shop sites was to be brought to its logical conclusion rather than resorting to fresh draw of lots as the petitioners were eligible and were already allotted the shop sites, as such, it was incumbent upon the respondents to finalize allotment of respective shop site Nos. 33, 76, 58 & 21 to them. It is urged that impugned notification, thus, being arbitrary and the same is required to be set aside. Therefore, the action of the respondents in conducting the process de novo by fresh draw of lots is not acceptable.
08. The petitioners, thus, seek a direction for finalization of the process of allotment of shop, as allotted to them and consequently, to handover the physical possession of the same to the petitioners on completion of requisite formalities.
09. In their objections, the respondents submit that a Committee was formed by the respondents to redress the grievances of the petitioners vide order dated 01.01.2020 and the same was reframed by the Deputy Director, Jammu vide order dated 12.02.2020 and in addition to the departmental officers, one Revenue Officer/Tehsildar HQA DC Office Udhampur was also nominated as member, therefore, the Deputy Director, Jammu vide communication dated 29.01.2020 again issued directions to allot the shop sites in Fruit & Vegetables Market, Udhampur to the petitioners (10 nos.) strictly following the "Draw of Lots"
procedure for the shop sites bearing Nos. 21, 33, 58, 60-A, 65-A, 71, 76, 115, 116 & 117.5 WP(C) No. 677/2020
10. The petitioners meanwhile questioned the impugned notice dated 25.02.2020 and vide order dated 02.03.2020, the respondents were directed not to put Shop Nos. 33, 76, 58 & 21 to draw of lots. In compliance to the order dated 02.03.2020, these shop sites were not put to draw of lots. However, the process of allotment of other shop sites was concluded and six shops were allotted as per the draw of lots held on 07.02.2021 and rest of four shops were reserved for the petitioners as per the directions of this Court.
11. The respondents have not disputed the eligibility or claim of the petitioners for the respective shop sites. In fact, as per the draw of lots, the other six shops stand allotted to the other applicants. The only claim put forth by the petitioners is that they have already been allotted the shop site Nos. 33, 76, 58 & 21 in Fruit & Vegetables Market, Udhampur and they were entitled to be allotted the same shops. As per the impugned notice, only 10 shops were put to draw of lots and out of these shops, six shop sites already stand allotted to the rest of the applicants and only four shops are to be allotted.
12. The contention of the petitioners has not been rebutted by the respondents and the petitioners are the only eligible claimants for allotment of four shops remaining with the respondents as the rest of the shop sites stand allotted in terms of the draw of lot held on 07.03.2020.
13. In view of the aforesaid facts and circumstances, this petition is allowed and the respondents are directed to allot the shop site Nos. 33 ,76, 58 & 21 to the petitioners.
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14. This writ petition is, accordingly, disposed of along with connected application(s), if any.
(Sindhu Sharma) Judge JAMMU 25.08.2022 RAM MURTI Whether the judgment is speaking : Yes/No Whether the judgment is reportable : Yes/No