Excelsior Correspondent
JAMMU, Nov 23: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Mohd Yaqoob Mir has dismissed LPA in the much publicized allotment of 31 shops/halls at Bahu Plaza and directed for listing of petition pending before Single Judge on December 18, 2012.
“The instant appeal is against the judgment and order of June 1, 2009 passed by the Single Judge in batch of petitions whereby the Court had set-aside the Government order No.1126-GAD of 2007 dated September 22, 2007 canceling the allotment of 31 shops/halls at Bahu Plaza”, the DB said after hearing Advocate S S Ahmed for the appellant and Senior AAG Gagan Basotra for the respondent State.
The Single Judge had set-aside the allotment cancellation order on the principle ground that the allotment orders were passed in violation of mandatory provisions of the proviso appended to Section 37 of the Act. The appeal before the Division Bench was filed by Sunil Mahajan, whose petition No.818/2007 is already pending before the Single Judge.
“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 petition”, the DB observed, adding “in view of this, the appellant should wait for adjudication of the 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 and directed for listing the pending petition for hearing on December 18, 2012.
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