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| DB condones delay, awards Rs 15000 as litigation expenses | | Petitioner dragged on non-issue for 20 years | | Jammu, March 08
Division Bench of J &K High Court Jammu wing, comprising Chief Justice BA Khan and Justice JP Singh, in a petition seeking condonation of 323 days delay in filling review petition, has not only condoned the delay and awarded Rs 15000 as litigation expenses, as petitioner has been dragged to this Court on non-issue for 20 long years or more.
Auquaf invited application for allotment of shops at Auquaf Commercial Complex Gandhi Nagar Jammu, for which an initial deposit of RS 5000 was to be made by the applicants. Petitioner Dr. Mohd Haroon Salaria, had deposited Rs 5000 in November 1987. The respondents had not held any auction, which triggered litigation from the aggrieved applicants in filling of some of writ petitions before the High Court, which were disposed of by a single Judge of the High Court vide order March 9, 2000, directing that amount deposited by the petitioners be returned to them with 12 % interest leaving respondents free to proceed with the auction of the shops.
DB after hearing Sr. Adv S A Salaria with Advocate MU Salaria appearing for the appellant whereas Advocate AG Shiekh appearing for the Auquaf and AAG AH Qazi appearing for state respondent, observed that it appears no action was taken by respondents Administrator Auquaf and petitioner Dr. Mohd Haroon Salaria wants to set-up his claim on the basis of Rs 5000 deposited by him for the allotment of sShop and filed a writ petition alleging that respondents have failed to hold auction and they had clandestinely allotted shops to only those who had not registered themselves pursuant to respondents’ notice issued in this regard in September/October 1987. This petition was dismissed holding that petitioner had only a right of consideration and not the right of allotment. Petitioner wanted to seek review of this judgment dated December 2, 2003 and also wanted to limit his prayer for return of his amount Rs 5000 in 1987.
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