Bashir Ahmad Najar vs State Of Jk & Ors
2021 Latest Caselaw 165 j&K/2

                                                                                            Serial No. 101 (xv)
                                                                                           Admission Cause List

                               HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR


                                                                                  OWP No.1401/2015

                                                                     Dated: 18th of February, 2021.

           Bashir Ahmad Najar

                                                                                       ..... Petitioner(s)
                                                  Through: -
                                            Mr F. A. Bhat, Advocate.

                                                          V/s

           State of JK & Ors.
                                                                                    ..... Respondent(s)

Through: -

Mr B. A. Dar, Sr. AAG.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Vinod Chatterji Koul, Judge (JUDGMENT) {Per Magrey; J (Oral)}:

01. Through the medium of the instant petition, the petitioner has

craved the indulgence of this Court in granting him the following relief(s):

i. A writ in the nature of mandamus be issued in favour of the Petitioner and against the Respondents particularly respondent 5 to allot a shop in favour of the petitioner as approved by the HLC and also promised while asking for the withdrawal of earlier petition.

ii. A writ in the nature of mandamus be issued in favour of the Petitioner and against the Respondents commanding them to allow the petitioner to continue with the prefabricated shop allotted in Kashmir Haat till newly allotted canteen space or shop as provided to the other 40 shop keepers as rehabilitation policy and the same may be repaired and may not be further dismantled and petitioner be allowed to continue the occupation of space till the shop is not allotted to him or in alternative provide him rupees fifty lacs as compensation for loss of business or getting alternate space.

iii. A writ in the nature of certiorari be issued in favour of the Petitioner and against the Respondents quashing impugned communication Annexure-O. TAHIR MANZOOR BHAT 2021.02.22 14:17 I attest to the accuracy and integrity of this document

OWP No. 1401/2015

iv. Any other writ, order or direction which this Hon'ble Court deems just and proper in the attendant facts and circumstances of the case may be issued in favour Petitioner and against the Respondents.

02. We heard learned counsel for the parties, perused the pleadings

on record and have considered the matter.

03. Having regard to the nature of controversy involved, coupled

with the consensus of the learned counsel for the parties, we feel that this

petition, which has been filed in the year 2015, can be disposed of with a

direction to the respondents to consider the claim of the petitioner, as espoused

herein this petition, and pass appropriate orders with respect thereto in

accordance with the law and the rules governing the field expeditiously, of

course, if it still subsists. We ordered accordingly.

04. The petitioner may, on his part, handover copy of the petition,

alongwith all its annexures as well as order passed today, to the respondents

so as to facilitate an early decision in the matter.

05. Writ petition disposed of as above, alongwith all connected

CM(s).

                                 (Vinod Chatterji Koul)               (Ali Mohammad Magrey)
                                         Judge                                  Judge
           SRINAGAR
           February 18th, 2021
           "TAHIR"
                     i.        Whether the Judgment is reportable?                     Yes/ No.
                     ii.       Whether the Judgment is speaking?                       Yes/ No.




TAHIR MANZOOR BHAT
2021.02.22 14:17
I attest to the accuracy and
integrity of this document