Taxi Sumo Stand No. 2 Lal Chowk ... vs Union Territory Of Jk & Ors
2021 Latest Caselaw 65 j&K/2

                                                                 S. No. 107
                                                                 Suppl. List
         IN THE HIGH COURT OF JAMMU AND KASHMIR
                       AT SRINAGAR

                                   CM No. 684/2021 in
                                    LPA No. 14/2021
                                    CM No. 685/2021

Taxi Sumo Stand No. 2 Lal Chowk Anantnag
                                                           .... Applicant(s)
                                Through: Mr. Shuja-ul-Haq, Adv.

                          v/s
Union Territory of JK & Ors.
                                                           .... Respondent(s)
                                Through: Mr. Rais ud din Ganai, GA for 1, 3&4
                                        Mr. Hakeem Amaan Ali, Dy. AG for 2


Coram:       HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
             HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

08.02.2021

1. This intra court appeal is directed against judgment and order dated 31st December 2020, passed by learned Single Judge in a writ petition, being WP(C) No. 1488/2020, on the grounds enumerated therein.

2. Appellant claims that he is General Secretary of Taxi Sumo Stand No.2 Lal Chowk, Anantnag, which is providing transportation facilities to general public since 1971. The said transport undertaking has been registered as a motor transport undertaking. It is contended that appellant-Sumo Stand is in possession and occupation of land measuring 01 Kanal and 17 Marlas since 1971. The said land is a State land. Respondents, by Order No.MC/ANG/20/864-71 dated 31st January 2020, directed the appellant to shift the Sumo Stand from Lal Chowk Anantnag to Mahadi Kadal, Antnatnag, adjacent to Police Station Saddar. The said order appears to have been issued in view of heavy traffic jams, being witnessed every-day, from Mahadi Kadal, Anantnag to Janglat Mandi due to plying of Sumos on the said road.

3. The appellant, being aggrieved of the order dated 31st January 2020, filed a writ petition seeking quashment thereof. The Writ court considered and dismissed the writ petition vide Order dated 31st December 2020. It is this order, of which petitioner is aggrieved and seeks setting-aside thereof.

4. We have heard learned counsel for parties. We have perused the Writ Court order and considered the matter.

5. First and foremost, the learned Writ Court has passed the impugned Order upon considering the contents of writ petition as well as Reply filed by the respondents.

6. As is evident from the pleadings, it is not the case of appellant that he has not been provided alternative site. A perusal of the order dated 31 st January 2020 shows that the appellant-Sumo Stand was directed to be shifted from Lal Chowk Anantnag to Mahadi Kadal, adjacent to Police Station Saddar on the equivalent available/earmarked space, keeping in view the heavy traffic jams, being witnessed every-day, from Mahadi Kadal to Janglat Mandi.

7. Therefore, we are not inclined to interfere with the order passed by the learned Single Judge as a well-reasoned order has been passed by it.

8. The appeal is accordingly dismissed.

9. However, respondents are directed to ensure that all other basic facilities as are required for general public in the newly shifted Sumo Stand, are provided.

                            (SANJAY DHAR)                 (TASHI RABSTAN)
                                 JUDGE                           JUDGE
SRINAGAR
08.02.2021
Altaf