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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
HON’BLE MR. JUSTICE M A CHOWDHARY, J, TASHI RABSTAN, CJ.
Amar Bishnah Cooperative Medical Store, Bishnah through Secretary Sham Lal Sadotra, S/O Lt. Sh. Rattan Chand Sadotra – Appellant
Versus
Union Territory of Jammu & Kashmir through Commissioner Secretary Health and Medical Education Department, Jammu – Respondent
JUDGMENT :
M A CHOWDHARY, J.
01. Through the medium of this Letters Patent Appeal, judgment dated 29.01.2025 passed in OWP No. 1647/2015 titled “Surinder Sharma Vs. State & ors” whereby the petition was allowed by the learned Single Judge, has been challenged.
02. The impugned judgment has been assailed on the grounds that the same is erroneous, perverse and contrary to the factual position and is required to be set aside; that the impugned judgment has been passed without hearing the appellant, who was respondent No. 6 in the writ petition as Mr. Ashok Basotra, Advocate, who appeared on his behalf, could not have appeared as he had never been authorized by him and the appellant had no knowledge about the pendency of the writ petition; that the impugned judgment has been passed on the basis of the judgment dated 26.07.2022 given by the writ court in the case titled “Kathua Cooperative Marketing Society Ltd., Kathua Vs. State & Ors” ( OWP No. 969/2013), however, the said judgment was not applicable in the present facts and circumstances of the case, as the same was distinguishable on facts as the petitioner, in that case, was never allotted a shop in the premises of the District Hospit
Public policy mandates auctioning of government properties to maximize revenue, and long-term possession does not justify extension of allotment.
Government Orders for rent assessment apply only to land occupied by security forces, not to police usage, affirming entitlement to rent as per District Rent Assessment Committee's assessment.
The court affirmed that public auction is mandatory for property transfers by Panchayats, regardless of lease duration, and unauthorized allotments cannot create rights for allottees.
Subsequent allottees of fair price shops must be heard in appellate proceedings; failure to do so violates their rights and is contrary to established legal principles.
Allotments of Fair Price Medical Shops in government premises must comply with Government Order No. 492-HME of 2008, rendering prior allotments void.
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