HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 4954/2025 in CM(M) No. 182/2025 Rajiv Gupta and ors. . …..Appellants Through: Mr. Rahul Pant, Sr. Advocate with Mr. Anil Khajuria, Advocate Vs Pankaj Mengi .…. Respondents Through: CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 11.08.2025 CM No. 4954/2025 1. This is an application filed by respondent No. 1-Rajiv Gupta-Proprietor M/s Raju Filling Station seeking extension of time in vacating Shop No. 62, Bhaint Shop at Mata Vaishno Devi Bhawan. 2. In the application, it has been submitted that after passing of order dated 03.07.2025 whereby applicant was supposed to vacate Shop No. 62 within a period of 70 days, certain developments have taken place. It has been submitted that the aforesaid shop was put to auction by the Shrine Board in terms of tender document dated 02.07.2025, pursuant whereto, the applicant as well as the writ petitioner participated in the said tender. It has been submitted that the applicant has emerged as highest bidder after the opening of the financial bid and as such, the shop in question is likely to be allotted in his favour. On these grounds, it has been submitted that it would create unnecessary hardship to the applicant if he is asked to vacate the shop in question when he has to reoccupy the same upon issuance of allotment letter after a few days. Sr. No. 156 2 CM No. 4954/2025 3. I have heard learned senior counsel for the applicant and perused the record of the case. 4. It appears that the writ petitioner had challenged order dated 30.06.2025 passed by learned Principal District Judge, Reasi before this Court by way of CM(M) No. 182/2025. The said petition came to be disposed of by this Court in terms of following directions:- a) The extension with respect to use and occupation of Shop No. 62-Bhaint Shop at Bhawan granted in favour of the respondent No. 1 instead of three months shall now be restricted to 70 days only but by excluding the number of days when the Shop No. 62-Bhaint Shop at Bhawan remained non-functional or closed because of the order dated 30.05.2025 read with order dated 27.06.2025 of the court of learned Munsiff, Katra. b) It is made clear that 70 days period is to be strictly counted without any breach, dereliction or relaxation of any kind whatsoever. Therefore, it is mandated upon the respondent No. 2 to ensure that immediately upon expiry of 70 days of use and occupation of the Shop No. 62 countable with effect from 27.05.2025, the said shop shall be put under Lock and Key by its vacation by the respondent No. 1, for the purpose of its auction exercise as is intended to be carried out for the fresh licence period. c) As the respondent No. 1 has deposited the licence fee for use and occupation of the Shop No. 62 commensurating with three months’ period with effect from 27.05.2025 to 26.08.2025, therefore, he shall now only be charged for 70 days actual period of use and occupation of Shop No. 62- Bhaint Shop at Bhawan and rest of the money charged to be refunded back to him by the respondent No. 2 within a period of one month from the date of passing of this order. 5. From the above directions, it is clear that applicant- respondent No. 1 was to vacate the shop in question within 70 days w.e.f. 27.05.2025 and it was also provided that because respondent No. 1/applicant has deposited licence fees in respect of shop in question for a period of 90 days w.e.f. 27.05.2025 to 26.08.2025 but he has to vacate the shop only after 70 days, the balance amount of the money charged by the Board would be refunded to him. 6. Applicant/respondent No. 1 has, in support of his submission that he has emerged as the highest bidder in the 3 CM No. 4954/2025 tender relating to allotment of the shop in question, placed on record the copies of necessary documents which prima-facie tend to support his contention. 7. Having regard to this subsequent development, the contention of the applicant/respondent No 1 that there is likelihood of fresh allotment of the shop in question in favour of the applicant appears to be well founded and if that be so, then it would be an exercise in futility to make the applicant to vacate the shop in question for a few days when the said shop in all likelihood is again going to be allotted to him. 8. In view of the above, it is provided that period for vacation of Shop No. 62, Bhaint Shop at Bhawan shall be extended to 26.08.2025, the date up to which the applicant is stated to have already paid the licence fees with the respondent- Board. The applicant, however, shall not be entitled to refund of any part of the licence fee deposited by him with the Board. 9. The application shall stand disposed of in above terms. (SANJAY DHAR) JUDGE JAMMU 11.08.2025 Tarun/P/S Tarun Kumar Gupta 2025.08.12 02:38 I attest to the accuracy and integrity of this document