Sr. No. 18 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 2476/2023 Sheela Devi. …Petitioner(s)/Appellant(s) Through: Mr. Sudershan Kumar, Advocate. V/s UT of J&K and ors. …. Respondent(s) Through: Ms. Monika Thakur, Assisting counsel to Mr. S S Nanda, Sr. AAG for 1. Mr. Rajnish Raina, Advocate for 2 to 6. Mr. Ajay Sharma, Advocate for 7 and 8. CORAM: HON’BLE MR. JUSTICE VINOD CHA`TTERJI KOUL, JUDGE ORDER 18.03.2025 01. This petition has been filed by the petitioner seeking a direction to the respondents to de-seal the Kiosk No. 27 situated at Municipal Market Bakshi Nagar, Jammu, with further direction upon the respondents to regularize/transfer the said Kiosk in favour of the petitioner being in occupation and possession of the petitioner since decades. The grounds averred in the petition are that a Kiosk was allotted in the name of Ram Saroop Choudhary by the Municipal Corporation Jammu in Municipal Market Bakshi Nagar, Jammu, and the petitioner’s husband namely, Hans Raj, entered into partnership with the said Ram Saroop Choudhary vide a duly executed and registered Partnership Deed dated 12.03.1985. The husband of the petitioner expired on 04.07.1988 and her elder son also expired on 24.07.2021 and thereafter the petitioner with the help of her younger son is running the business from the aforesaid Kiosk and has been --2— earning livelihood for the entire family. It is further contended that on 06.05.2023 when the petitioner’s son went to open the said Kiosk it was found to be sealed by the respondents without assigning any reason and an opportunity of being heard to the petitioner. 02. Learned counsel for respondent nos. 2 to 6 has filed their objections in which it is submitted that the petitioner is illegal occupant of the aforesaid Kiosk as the same was never allotted to the petitioner and the Municipal Corporation has passed the orders questioned in the writ petition by strictly following the mandate of law. 03. On 09.02.2024 an application was filed for impleading the non-applicants as party respondent nos. 7 and 8 on the ground that the said Kiosk in question was allotted to Sh. Ram Saroop Choudhary who has expired and the applicants are his legal descendants and the petitioner has no legal right over the said premises. 04. While the matter was being heard, learned counsel for the petitioner submits that the petitioner would feel satisfied if this petition is disposed of by providing that in case the petitioner makes a representation before the respondents, same shall be considered on merits within a stipulated period in accordance with the provisions of law and after an opportunity of hearing is provided to the petitioner before passing any order. 05. Mr. Rajnish Raina, learned counsel appearing for the Municipal Corporation submits that the petitioner is illegal occupant of the aforesaid Kiosk as the same was never allotted to the petitioner, however, if the petitioner makes a representation before the respondents, the same shall be considered strictly in accordance with law and appropriate action will be taken only after affording the opportunity of hearing to the parties. --3— 06. In view of above, the instant petition is disposed of by providing that in case the petitioner makes a representation before the respondents, same shall be considered and decided by the respondents strictly in accordance with the provisions of law after affording an opportunity of hearing to the affected parties, within a period of one month from the date copy of this order along with the representation are made available to the respondents. 07. Disposed of accordingly. (VINOD CHATTERJI KOUL) JUDGE Jammu 18.03.2025 SUNITA/PS