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| HC dismisses appeal as withdrawn | | Allotment of 31 shops/halls at Bahu Plaza Complex | |
Jammu, Nov 24 (JNF): Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Mohammad Yaqoob Mir has dismissed much publicized LPA regarding allotment of 31 Shops/Halls at Bahu Plaza Complex Jammu, as withdrawn with liberty to the appellant to pursue the remedy which has already been availed by him and directed that OWP No 818/2007 shall be listed for hearing.
The HC after hearing Advocate SS Ahmed for the appellant whereas Sr. AAG Gagan Basotra for the respondent state observed that the instant appeal is directed against the judgment and order of June 1, 2009 passed by the Single Judge in batch of petitions including OWP No 934/2007. The Single Judge has set-aside the Govt Order NO 1126-GAD of 2007 dated September 22, 2007 canceling the allotment of 31 Shops/Halls at Bahu Plaza Jammu on the principle ground that the allotment order has been passed in violation of mandatory provisions of the proviso appended to section 37 of the Act.
Advocate SS Ahmed appearing for the appellant apprised the Court that the appellant Sunil Mahajan has filed petition No 818/2007 which is pending before the Single Bench.
Upon this Division Bench further observed that according to the counsel in pursuance of the directions issued by the Single Judge in the judgment action taken report has been filed by the respondent state disclosing that the show-cause notices have been issued and the private respondents/allotters are yet to file their replies. The matter is being monitored of the Single Judge in the aforesaid petition.
The Court further observed that in view of the above, the appellant should wait for adjudication of the aforesaid writ petition.
Even otherwise the Single Judge has rightly set-aside the order dated September 22, 2007 canceling the allotment of 31 shops/halls at Bahu Plaza Jammu as the same has been passed in violation of the mandatory provisions of the Act, as opportunity of hearing was required to be granted. With these observations, Division Bench dismissed the appeal as withdrawn with liberty to the appellant to pursue the remedy which has already been availed by him with the direction to list the pending petition for hearing on December 18, 2012. |
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