WP (C) no. 1328/2024 Page 1 of 5 HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR Reserved on: 06.06.2025 Pronounced on: 04.07.2025 WP (C) No. 1328/2024, CM No. 3635/2024 Mohammad Yaqoob Malla …Petitioner(s).. Through:-Mr Nissar Ahmad Bhat, Advocate V/s UT of J&K and others. Through:- Mr Faheem Shah, GA CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 1. It is stated that Respondent No. 5 had floated a tender dated 16th September, 2017, inviting bids from the interested persons for collection of fee on account of parking space at Mega Fruit and Vegetable Market Aglar Shopian, for the period commencing from the date of execution of the agreement till 31st December, 2017, and the petitioner responded to the above mentioned tender notice and was declared as a successful bidder. He was directed to deposit the bid amount, which the petitioner deposited through the medium of a cheque bearing No. 117487 dated 03.10.2017 for an amount of rupees 1,72,000/-. After the deposit of above mentioned amount, respondent no. 5 issued a letter dated 4th October, 2017, to the petitioner whereby the petitioner was authorized to collect the entry WP (C) no. 1328/2024 Page 2 of 5 & parking fee of Rs. 50/- for truck and Rs. 100/- for trailer in the parking area of Fruit and Vegetable Market Aglar Shopian. 2. The grievance projected by the petitioner is that after the petitioner was allotted the parking space to collect fee from the transporters, the transporters did not utilize the parking space and as such did not allow him to earn a single penny from the parking slot. The petitioner accordingly brought the above mentioned facts to the notice of the respondents but they failed to redress the grievances of the petitioner as a result of which the petitioner could not put the parking slot to use even for a single day. 3. Thereafter, the petitioner filed an application dated 5th February, 2018 with the respondent no. 2 and sought release of an amount of Rs. 1,72,000/- deposited by him as mentioned above. The Joint Director, Horticulture (P&M) Srinagar, in terms of letter dated 21st June, 2018, asked the Chief Executive APMC, Fruit and Vegetable Market, Shopian, to produce the copies of communications, which he had with the Deputy Commissioner, Shopian and ARTO Shopian, for allowing the parking space to be utilized by the truckers. In response thereof, the Secretary, Agriculture Produce Market Committee, Shopian, in terms of letter dated 22nd June, 2018, forwarded the requisite documents and after receiving the requisite information the Chief Executive APMC Shopian, submitted a detailed report to the Directorate office in terms of his letter dated 28th July, 2018. The respondent no. 4, thereafter, in terms of letter dated 31st July, 2018, apprised the respondent no. 2 WP (C) no. 1328/2024 Page 3 of 5 in respect of the factual position thereby stating that the truck/trailer drivers had continued their previous practice and accordingly sought the approval for releasing the amount of Rs. 1,72,000/- in favour of the petitioner. 4. The petitioner has placed on record numerous documents to demonstrate that he was not able to utilize the parking slot despite the fact that he had deposited the bid amount of Rs. 1,72,000/-. The petitioner has also placed on record the representation submitted by him for release of the amount deposited. 5. The respondents have not filed any response, however, have filed the compliance report dated 13th August, 2024, pursuant to order dated 27th June, 2024, whereby the respondents were directed to consider the representation of the petitioner and in the compliance report it is stated by the respondents that the claim of the petitioner has been rejected vide order dated 12th August, 2024 bearing No. 104/DHPM of 2024, a copy whereof has been annexed with the compliance report. 6. Learned counsel for the petitioner has submitted that the petitioner had deposited the requisite amount with the respondents but the drivers of the trucks/trailers did not park their vehicles in the parking slot allotted to the petitioner and as such the petitioner has suffered huge loss. He laid much stress on the various communications of the respondents to demonstrate that the parking slot allotted to the petitioner was not utilized by the drivers resulting into loss of Rs. 1,72,000/- to the petitioner. 4 WP (C) no. 1328/2024 Page 4 of 5 7. Per contra Mr Faheem Nissar Shah, learned counsel for the respondents, has argued that the claim of the petitioner was considered and as per the terms and conditions of the NIT, the respondents are not responsible for nil or less arrivals in the market/mandi due to strike/curfew or any other reason and as such the petitioner has no case at all. He has further submitted that there was an arbitration clause in the letter of allotment as such the present petition is not maintainable. The learned counsel produced relevant record in support of his submissions. 8. Heard and perused the record. 9. Perusal of the record reveals that a tender notice dated 16th September, 2017, was issued by respondent no. 5 for collection of fee on account of parking space at Mega Fruit & Vegetable Market Aglar Shopian, for the period commencing from the date of execution of agreement till 31.12.2017. As per the tender notice entry fee per trip for trailer and truck was 100/- and 50/- rupees respectively. Further as per clause 10 of the tender notice, in case of any dispute between the parties, the matter is required to be referred to the Director Agricultural Marketting/Horticulture (P&M) for arbitration. Clause 11 of the same tender notice provides that APMC shall not be responsible in case of nil or less arrivals in the Market/Mandi due to strike/curfew or any other reason. This is admitted by the learned counsel for the parties that no agreement has been entered into between the parties after the petitioner was declared a successful bidder, but was authorized to collect the WP (C) no. 1328/2024 Page 5 of 5 parking fee in terms of communication dated 4th October, 2017. Clause 10 of the tender notice provides that in case of any dispute the matter is required to be referred to the Director Agricultural Marketting/Horticulture (P&M) for arbitration and the decision of the Director shall be final and binding upon both the parties, meaning thereby that the parties have agreed to settle their disputes by arbitration, though in the instant case the Arbitrator may have to be appointed in terms of the provisions of Arbitration and Conciliation Act. 10. This Court would not like to comment upon the clause 11 of the Tender Notice relied upon heavily by the learned counsel for the respondents which provides that APMC shall not be responsible in case of nil or less arrivals in the Market/Mandi due to strike/curfew or any other reasons because there is an arbitration clause between the parties and disputed questions of facts are involved in the matter. 11. Viewed thus, the writ petition is disposed of by granting liberty to the petitioner to avail appropriate remedy, as available under law, if so advised. 12. Record be returned to Mr Faheem N. Shah, learned GA. (RAJNESH OSWAL) JUDGE Srinagar. 05.07.2025 Amjad lone, Secretary Whether the order is speaking :Yes/No Whether the order is reportable :Yes/No