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2025 DAILYLAW 8913 (JK)

MST MEHMOODA BEGUM AND ORS v. MUNION OF INDIA TH.SECRETARY TO MINISTRY OF DEFENCE AND ORS

WP(C)/2172/2025 · 2025-09-03

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 177 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2172/2025 CM No. 5730/2025 MST. MEHMOODA BEGUM AND ORS. …Petitioner/Appellant(s) Through: Mr. Altaf Mehraj, Adv. Vs. UNION OF INDIA TH. SECRETARY TO MINISTRY OF DEFENCE AND ORS. ...Respondent(s) Through: Mr. T. M. Shamsi, DSGI with Ms. Yasmeen, Adv. CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 03.09.2025 1. 1. Mr. T. M. Shamsi, learned DSGI appears and accepts notice on behalf of the official respondents. 2. 2. Heard the learned counsel for the petitioners and Mr. T. M. Shamsi, learned DSGI for the official respondents in respect of the admissibility of the instant petition. 3. 3. The case of the petitioners in nutshell is that the respondents have issued an advertisement notice in respect of the allotment of Regimental Shops at the area of Khrew Military Station, J&K in violation of the guidelines already framed for allotment etc with respect to the Regimental Shops. That the advertisement is silent as regards the licence fee for the shops to be allotted. 4. 4. The petitioners have accordingly sought for issuance of directions inter alia in the nature of certiorari and mandamus to the effect of quashment of the advertisement notification bearing No. Nil having been published in Local Daily’s including Hindustan Times on 17.08.2025 as also the application format being in violation of the guidelines framed in that behalf with further direction to allow them i.e., the petitioners to participate in the process of auction in respect of the advertised shops. 5. 5. In the facts and circumstances of the case and especially having regard to the nature of the relief sought, this court is of the opinion that matter can be disposed of even at this threshold stage by passing of such appropriate orders which are not likely to prejudice the interests of any of the parties. 6. 6. The petition is accordingly admitted and disposed of with the direction to the respondents to reconsider the impugned advertisement notice published on 17.08.2025, in the light of the guidelines for allotment of shops, collection and disposal of rebate, rent and allied charges with respect to Regimental Shops as also the case of the petitioners as projected in the instant petition and issue a corrigendum, if any required. 7. 7. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 03.09.2025 “Sakeena PS”