Serial No. 17 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 24/2022 in OWP No. 1258/2016 CM No. 6797/2024 CM No. 705/2022 Dated: 11th of February, 2025. Mission Director, J&K State Rural Livelihood and Anr. … Appellant(s) Through: - Mr Ilyas Nazir Laway, Government Advocate with Mr Younis Hafiz, Assisting Counsel. V/s Tariq Ahmad Bhat … Respondent(s) Through: - None. CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Puneet Gupta, Judge (JUDGMENT) Sanjeev Kumar-J: 01. This intra Court appeal is directed against an Order and Judgment dated 4th of August, 2017 passed by the learned Single Judge of this Court [“the Writ Court”] in OWP No. 1258/2016 titled ‘Tariq Ahmad Bhat v. State of J&K and Ors.’, whereby the Writ Petition filed by the Respondent herein has been allowed and a direction has been issued to the Appellants herein to work out hiring and fuel charges as shall be payable to the owner of the vehicle for the period beginning from 1st of April, 2016 till 31st of March, 2017. 02. Briefly stated, the facts leading to the filing of this appeal are that vide Order No. 207/AMDK of 2016 dated 31st of March, 2016 passed by the Additional Mission Director, State Rural Livelihood Mission, LPA No. 24/2022 in OWP No. 1258/2016 Kashmir, a vehicle bearing registration No. JK01L-6966 (INNOVA), along with driver, was hired by the Appellants herein for a period of one year w.e.f. 25th of March, 2016. One of the terms and conditions of the hiring contract was that hiring and fuel charges shall be paid to the owner of the vehicle on approved rates of Transport Commissioner, J&K. This was followed by an addendum issued vide No. AMDK/Estt/2016/468-69 dated 20th of June, 2016. The addendum provided as under: “08. The vehicle shall be hired on actual need basis and subject to the availability of the funds; and 09. The arrangement shall be dispensed with immediately as and when an alternative arrangement is made by the concerned authorities.” 03. While the contract was under way, the Additional Mission Director, SRLM, Kashmir passed an Order dated 30th of August, 2016, terminating the hiring contract with the Respondent herein w.e.f. 1st of September, 2016. 04. The aforesaid Order of termination was called in question by the Respondent herein by way of OWP No. 1258/2016, which was disposed of by the Writ Court in terms of the Order and Judgment impugned in this appeal. 05. The impugned Order and Judgment passed by the Writ Court is assailed by the Appellants herein, primarily, on the ground that the Respondent herein was not entitled to any hiring charges after 31st of August, 2016, for the reason that the vehicle hired was neither needed nor utilized by the Appellants. 06. It is argued by Mr Ilyas Nazir Laway, the learned Government Advocate, appearing for the Appellants herein, that the Respondent herein was entitled to hiring charges with respect to the vehicle in question only if the vehicle was utilized and, that too, at the rates prescribed by the Transport Commissioner, J&K. LPA No. 24/2022 in OWP No. 1258/2016 07. Having heard the learned Counsel for the Appellants and perused the material on record, we are of the considered opinion that the Order and Judgment passed by the Writ Court deserves to be maintained, however, with a slight modification. 08. Undoubtedly, the contract was to subsist till 31st of March, 2017 and the same was terminated mid-way on 31st of August, 2016. The termination, on the face of it, was in accord with the terms and conditions of the hiring contract read with addendum supra. Anyway, the Writ Court has not gone into the legality or otherwise of the termination and has, instead, disposed of the Writ Petition by directing the Appellants herein to work out the hiring and fuel charges as may be payable to the owner of the vehicle for the period beginning from 1st of April, 2016 till 31st of March, 2017. We do not find any illegality in the aforesaid Order and Judgment passed by the Writ Court, however, we feel that a slight modification is required as regards the direction passed by the Writ Court. The Respondent or the owner of the vehicle hired by the Appellants herein, as the case may be, shall be entitled to hiring and fuel charges, if any, for the period the vehicle was actually put to use by the Appellants herein. 09. With the aforesaid modification, the impugned Order and Judgment passed by the Writ Court is upheld and this appeal shall stand disposed of, accordingly, along with the connected CM(s). (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR February 11th, 2025 “TAHIR” i. Whether the Judgment is approved for reporting? Yes/ No. Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document