JUDGEMENT
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(1.)The petitioners in these petitions seeks a writ of mandamus against the Jammu Development Authority. They want an allotment order vis-a-vis commercial shops to be issued in their favour.
(2.)Facts in OWP No. 602 of 1996 are as under :-The petitioner's case for allotment of a shop was recommended by the concerned Minister. This is sought to be listed from Annexure-B. Earlier an application was filed by the petitioner. This is Annexure A. The respondent Jammu Development Authority, however, took a stand that allotment of a shop is not possible. The reason for this finds mentioned in annexure.
(3.)The recommendation made by the concerned Minister was said to be not of any consequence as there was no discretionary quota available with him. The Secretary in the Administrative Department however, insisted that allotment can be made out of discretionary quota. Copy of the communication sent is Annexure E. After this a communication was addressed by the Jammu Development Authority to the petitioner. The petitioner was informed that premium for the site would be Rs. 1.60 lakhs and fifty per cent amount would have to be deposited. The petitioner appears to have deposited a sum of Rs. 10,000/- only. This draft was not encashed as a petition was pending in this Court. In this petition bearing number 1031 of 1992 interim order was vacated. Another communication was addressed by the petitioner on 3rd April, 1995 to the Jammu Development Authority. What led to the filing of this petition is issuance of a notice by which shops were sought to be disposed of by public auction.
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