Order

Ali Mohammad Magrey, J.—In the instant petition, petitioners have prayed for the following reliefs:-

“ I. Mandamus commanding the respondents to allow the petitioner to use and occupy the land falling under Survey No. 1104 situated at Khanabal Anantnag for the running of the Sumo Stand without any interruption.

II. Mandamus commanding the respondents to allow the petitioners to run the Sumo Stand and provide Sumo service to the people through M/s Sumo Taxi Stand Dak Banglow Khanabal, Anantnag without any hindrance.

III. Mandamus commanding the respondents not to pressurize the petitioners Sumo Stand to surrender the land falling under Survey No. 1104 situated at Khanabal, Anantnag.

IV. Mandamus commanding the respondents to issue the no objection certificates in favour of the petitioners so that the registration of the Sumo stand of the petitioners is renewed for further period.

V. Mandamus commanding the respondents to renew the notification No. 31-MVD of 2018 dated 06.02.2018, for the next financial year.

VI. Prohibition prohibiting the respondents from dispossessing the petitioners Sumo Stand from the land under Survey No. 1104 situated at Khanabal Anantnag, or converting the said land into any other purpose or enclosing the said land with the residence of Deputy Commissioner, Anantnag.

Brief facts as detailed out in the petition are summarised as under:-

2. The Sumo Taxi Stand, Dak Banglow, Khanabal stands established and constructed way back in the year 1988 and is the oldest Taxi Stand in erstwhile Anantnag District. It is to be noted here that in light of the representations of Taxi Drivers at Khanabal the issue was discussed with the then Hon’ble Revenue Minister and the then Hon’ble Minister of State for Housing and Estates at Jammu and the said Ministers approved the transfer of part land of public Works Department at Khanabal for the construction of Taxi Stand subject to the condition that Taxi Drivers shall not park their taxies on the bank of National Highway and only one entry and one exist shall be in the Taxi Stand.

3. The site plan was prepared by the competent authority for the construction of Taxi Stand and same was forwarded to higher authorities. Later on the Superintending Engineer R&B District, Anantnag vide his letter No. 15659, dated 29.01.1988 forwarded the site plan to the Executive Engineer R&B Division, Anantnag, for doing the needful. It is stated that while taking further step with respect to the conversion of partly constructed staff quarter at Khanabal into Taxi Stand, the Executive Engineer PWD(R&B) Division Khanabal, Anantnag vide his letter No. 1005-08 dated 17.05.1989 addressed a communication to the Assistant Executive Engineer PWD (R&B) Sub Division Anantnag, wherein it has been observed that the construction work of Taxi Stand was allotted to Abdul Ahad Katoo contractor.

4. Earlier to year 1988 the Executive Engineer R&B Division, Anantnag, vide his letter No. 12750-52 dated 20.02.1987 submitted proposal for an amount of Rs. 1.361 lacs for construction of Taxi Stand on Public Works Department land at Khanabal for favour of further necessary action. It is stated that prior to the issuance of communication, the Superintending Engineer PWD District Anantnag vide his letter No. 14296-98 dated 31.12.1987 directed the Executive Engineer concerned to see the possibility of making a piece of land available for Taxi Stand along with the alignment of existing lavatory block in the premises of Housing quarter building under construction on National Highway at Khanabal.

5. The total measurement of Survey No. 1104 situated at Khanabal Anantnag is 44 Kanals 08 Marlas out of which 02 Kanals 12 Marlas were provided to the petitioners Sumo Taxi Stand. It is stated that the petitioners are continuously paying the fixed rent charges of the said land. It is stated that vide notification No. 11-MVD of 2015 dated 10.07.2015, the registration of the Sumo Stand of the petitioners has been extended.

6. The