Serial No. 430

After notice

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CM No. 5994/2019 in

WP(C) No. 2821/2019

CM No. 5594/2019

M/S Sumo Taxi Stand and Anr.

….. Petitioner(s)

Through: -

Mr. Moomin Khan, Advocate

V/s

State of JK and Ors.

….. Respondent(s)

Through: -

Mr. B. A. Dar, Sr. AAG

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge

(ORDER)

24.02.2021

01.

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:-

02.

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 Hon9ble Revenue Minister and the then Hon9ble 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.

03.

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.

04.

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 Sta