Dismissed

Taxi Sumo Stand No. 2 Lal Chowk Anantnag v. Union Territory of J and K and Ors. (Housing and Urban Development Department)

J&K HC8 Feb 2021LPA/14/2021

Case brief

AI extract

What is this about?

This court, in an intra-court appeal, dismissed an appeal against a writ court order. The appellant, a taxi sumo stand operator, challenged an administrative order for shifting their facility due to traffic congestion. The court held the lower order was well-reasoned and did not interfere.

What did the court decide?

Appellant directed to shift to new site; respondents directed to provide basic facilities at new stand.

Taxi Sumo Stand No. 2 Lal Chowk Anantnag Vs Union… — Service and Employment | J&K HC (2021)

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S. No. 107 Suppl. List

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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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CM No. 684/2021 in LPA No. 14/2021 CM No. 685/2021

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Taxi Sumo Stand No. 2 Lal Chowk Anantnag

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…. Applicant(s)

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Through: Mr. Shuja-ul-Haq, Adv.

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v/s

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Union Territory of JK & Ors.

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…. Respondent(s)

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Through: Mr. Rais ud din Ganai, GA for 1, 3&4 Mr. Hakeem Amaan Ali, Dy. AG for 2

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Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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O R D E R 08.02.2021

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This intra court appeal is directed against judgment and order dated 31^st December 2020, passed by learned Single Judge in a writ petition, being WP(C) No. 1488/2020, on the grounds enumerated therein.

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Appellant claims that he is General Secretary of Taxi Sumo Stand No.2 Lal Chowk, Anantnag, which is providing transportation facilities to general public since 1971. The said transport undertaking has been registered as a motor transport undertaking. It is contended that appellant-Sumo Stand is in possession and occupation of land measuring 01 Kanal and 17 Marlas since 1971. The said land is a State land. Respondents, by Order No.MC/ANG/20/864-71 dated 31^st January 2020, directed the appellant to shift the Sumo Stand from Lal Chowk Anantnag to Mahadi Kadal, Antnatnag, adjacent to Police Station Saddar. The said order appears to have been issued in view of heavy traffic jams, being witnessed every-day, from Mahadi Kadal, Anantnag to Janglat Mandi due to plying of Sumos on the said road.

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Page 1 of 2

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LPA No. 14/2021

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The appellant, being aggrieved of the order dated 31^st January 2020, filed a writ petition seeking quashment thereof. The Writ court considered and dismissed the writ petition vide Order dated 31^st December 2020. It is this order, of which petitioner is aggrieved and seeks setting-aside thereof.

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We have heard learned counsel for parties. We have perused the Writ Court order and considered the matter.

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First and foremost, the learned Writ Court has passed the impugned Order upon considering the contents of writ petition as well as Reply filed by the respondents.

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As is evident from the pleadings, it is not the case of appellant that he has not been provided alternative site. A perusal of the order dated 31^st January 2020 shows that the appellant-Sumo Stand was directed to be shifted from Lal Chowk Anantnag to Mahadi Kadal, adjacent to Police Station Saddar on the equivalent available/earmarked space, keeping in view the heavy traffic jams, being witnessed every-day, from Mahadi Kadal to Janglat Mandi.

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Therefore, we are not inclined to interfere with the order passed by the learned Single Judge as a well-reasoned order has been passed by it.

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The appeal is accordingly dismissed .

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However, respondents are directed to ensure that all other basic facilities as are required for general public in the newly shifted Sumo Stand, are provided.

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(SANJAY DHAR) (TASHI RABSTAN) JUDGE JUDGE

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SRINAGAR 08.02.2021

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Altaf

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Page 2 of 2

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LPA No. 14/2021

Taxi Sumo Stand No. 2 Lal Chowk Anantnag v. Union Territory of J and K and Ors. (Housing and Urban Development Department)

Case brief

What is this about?

What did the court decide?

Taxi Sumo Stand No. 2 Lal Chowk Anantnag v. Union Territory of J and K and Ors. (Housing and Urban Development Department)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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