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2015 Supreme(J&K) 378
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Ali Mohd. Magrey, J.
Aijaz Bashir Shah – Appellant
Vs.
SKIMS and Ors. – Respondent
OWP No. 1678/2013, MP Nos. 2729/2013 and 1336/2014
Decided On : 29-05-2015
For the Appellant :Javaid Iqbal, Advocate
For the Respondent:M.I. Dar, Advocate
The court emphasized that for a sum to be recoverable as arrears of land revenue, it must be declared as such by the government in the Government Gazette, and the Revenue Officer's jurisdiction is contingent upon meeting these conditions.
Headnote:
Land Revenue Act - Car Parking Contract - Section 91 - Summary: The court considered a case involving a dispute over a car parking contract at a hospital premises. The petitioner's offer for the contract was accepted, but disputes arose regarding the parking area and outstanding payment. The respondents sought recovery of the outstanding amount as arrears of land revenue. The court held that the amount payable to the hospital had not been declared as recoverable arrears of land revenue by the government, and therefore, the communication and notice for recovery were issued without jurisdiction. The writ petition was allowed, quashing the impugned communication and notice.
Fact of the Case:
The case involved a dispute over a car parking contract at a hospital premises. The petitioner's offer for the contract was accepted, but disputes arose regarding the parking area and outstanding payment.
Finding of the Court:
The court found that the communication and notice for recovery of outstanding amount as arrears of land revenue were issued without jurisdiction.
Issues: Dispute over car parking contract, recovery of outstanding amount as arrears of land revenue.
Ratio Decidendi: The court held that the amount payable to the hospital had not been declared as recoverable arrears of land revenue by the government, and therefore, the communication and notice for recovery were issued without jurisdiction.
Final Decision: The writ petition was allowed, quashing the impugned communication and notice.
Ali Mohd. Magrey, J.
1. The respondents have filed MP No. 1336/2014 seeking vacation of ad-interim order dated 21.11.2013 passed by the Court in the miscellaneous petition accompanying the main writ petition staying the operation of order dated 19.10.2013 and notice dated 02.11.2013 impugned in the writ petition. On this application coming up for consideration, the learned counsel for the parties consented to final hearing of the main writ petition itself. Accordingly, the learned counsels for the parties were heard. I have also perused the materials placed on record of this file and considered the matter.
2. Briefly put, the facts of the case are that SKIMS Medical College Hospital, Bemina, Srinagar, Kashmir, issued auction Notice No. SKIMS MCH/Est-10/2012/772-75, dated 27.06.2012 inviting bids for allotment of car parking contract in the Hospital premises. The petitioner's offer at Rs. 6,60,000.00 was accepted in terms of letter of intent issued under to him under Endorsement No. SKIMS/MCH/EST/10/2012/798-806, dated 18.8.2012 requiring him to undertake the job of car parking with effect from 18.08.2012 as per the terms and conditions detailed in the tender notice. It appears that out of the aforesaid bid amount of Rs. 6,60,000.00, the petitioner paid an amount of Rs. 3,00,000 and rest of the amount remained outstanding against him.
3. The petitioner's case is that the respondents, without any lawful justification, changed the position of the actual parking area notified in the auction notice, inasmuch as they started allowing parking of departmental ambulances, vehicles and staff cars in the said area; decreased the dimensions of the parking area by altering its fencing and thereby allowing the petitioner to conduct the parking activity on a limited space. This, according to the petitioner, was done with effect from 15.01.2013. The petitioner is said to have represented against the same. That apart, it is alleged that by Circular dated 23.02.2013 the respondents ordered that the main parking area shall act as night parking area.
4. It appears that the petitioner did not pay the remaining amount of Rs. 3,60,000.00 outstanding against him. When he failed to pay the same, the respondents issued order dated 16.09.2013 seeking recovery of the aforesaid amount from the petitioner. The petitioner challenged the aforesaid order in writ petition, OWP No. 1376/2013, which was disposed of by order dated 04.10.2013 with direction to the respondents not to resort to recovery of balance amount with the assistance of police except in accordance with the option available under law.
5. The grievance of the petitioner is that despite service of a copy of the aforesaid Court order on the respondents, they, vide communication dated 19.10.2013, have referred the matter to the Special Tehsildar Recoveries (Assistant Collector), Srinagar, Respondent No. 5 herein, seeking recovery of Rs. 4,07,000 (Rs. 3,06,000.00 as previous balance and Rs. 1,01,000,00 on account of extension granted) who, in turn, issued notice dated 02.11.2013 to the petitioner calling upon him to deposit the amount of Rs. 4,07,000 by 11.11.2013 failing which action under the Land Revenue Act has been proposed.
6. The petitioner has challenged Communication dated 19.10.2013 issued by the Medical Superintendent, SKIMS Medical College, Hospital, Srinagar, to Respondent No. 5 and the notice dated 02.11.2013 issued to the petitioner by Respondent No. 5 on the grounds taken in the writ petition.
7. Reply/objections stand filed on behalf of Respondents 1 to 4. It is stated therein that the parking area that was notified in the auction notice continues to be same till date. There is no change in the area. It is further stated that as per the terms and conditions of the auction notice the vehicles belonging to the hospital or the employees of SKIMS Medical College were not to be charged any money for parking their vehicles in the parking area. It is stated that the parking area is div
