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Jammu & Kashmir High Court - Srinagar Bench

Imran Mehdi Bhat vs Ut Of Jk And Ors on 19 October, 2022

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                      S. No. 20
                                                                      Supp-1
    IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                         WP(C) No. 2319/2022
                          CM No. 5802/2022
                          CM No. 5803/2022
                          CM No. 5804/2022

Imran Mehdi Bhat                                              ...Petitioner(s)

Through: Ms. Sami Shah and Ms. Shah Snober, Advocate

                                    Vs.
UT of JK and Ors.                                            ...Respondent(s)

Through: Mr. Rabinder Singh, for R.9

CORAM:
        HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE

                                ORDER

19.10.2022 The petitioner was allotted a contract of Adda Entry/Tax contract of Municipal Council, Budgam for the years 2020-2021, 2021-2022, 2022-2023 w.e.f. 1st October, 2022 to 30th September, 2023.

It is submitted by Ms. Sami Shah, appearing for the petitioner that in terms of letter of allotment, only VIPs/ Government/Security forces vehicles are exempted from payment of Adda fee and no other vehicle is exempted. It is further case of the petitioner that the District Administration is forcing the petitioner not to charge any Adda fee/Entry tax from the vehicles of respondent No. 7 and 8 which is a private construction company. The Deputy Commissioner, Budgam has intimated the petitioner that in view of an agreement between the Government of Jammu and Kashmir and Government of India, the vehicles deployed on these construction projects have been exempted from payment of all local taxes.

Learned counsel for the petitioner submits that the District Administration is unnecessarily harassing the petitioner and has issued clear directive that no Adda

1|Page fee/Entry fee shall be charged from the vehicles of respondent No. 7 to 9 and in case, the petitioner does so, he will have to face the consequences.

Heard learned counsel for the petitioner and perused the material on record. Notice.

Notice waived by Mr. Rabinder Singh, appearing on behalf of for respondent No.9.

Notice shall be issued to respondents 1 to 8. Requisites for service within two weeks'.

List on 21.12.2022.

In the meanwhile, subject to objections and till next date of hearing, the respondent No. 3 and 4 shall not insist upon the petitioner to deposit the last installment of bid amount and the District Administration, in particular respondent No.5, shall not interfere and cause any interference in the execution of contract by the petitioner. This is, however, subject to the petitioner not charging any local tax/entry fee from the vehicles of respondent No. 7 to 9. The petitioner shall, however, maintain the record of vehicles of respondent No. 7 to 9 entering or passing through the concerned local area.

(SANJEEV KUMAR) JUDGE SRINAGAR 19.10.2022 Aadil

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