GHULAM AHMAD WANI Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-72
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 26,2020

Ghulam Ahmad Wani Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents

JUDGEMENT

Dhiraj Singh Thakur,J. - (1.)The petitioners claim that they were allotted shops at General Bus Stand, Batamaloo, Srinagar, and were conducting their business therein for last more than twenty years. It is stated that the Government has now shifted the Bus Stand from Batamaloo to Parimpora and claim that they ought to have been relocated with adequateaccommodation at General Bus Stand, Parimpora. It is further stated that the respondents have started construction of shops at Parimpora which have still not been completed and that upon completion, the same be directed to be allotted to the petitioner to rehabilitate them.
(2.)While it may be true that the Bus Stand has been shifted from Batamaloo to Parimpora, the issue with regard to allotment of shops to the petitioners in the close vicinity of the Bus Stand at Parimpora is a decision which is a matter of policy to be taken only by the Government and in this regard no Mandamus can be issued. It would be open to the Government to take a decision whether or not to allot shops to the petitioner if at all same are being constructed at Parimpora. Even according to the petitioners, the construction of shops, which was initially started at Parimpora, is far from completion. As and when any such commercial shopping complex is constructed, notwithstanding the policy which the Government may frame, it would always be open to the petitioners to apply for allotment of shops along with other eligibles keeping in view the principle of equality enshrined in the Constitution. In case Government frames any policy for allotting shops to the existing shopkeepers who are affected on account of shifting of the Bus Stand, the petitioners also be considered along with similarly situated others.
(3.)With the above observations, instant petition is disposed of along with connected CM.
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