SRINAGAR: The J&K High Court on Tuesday dismissed a petition of nine shopkeepers and vacated all the interim directions passed in the connected petitions on the ground that the petitioners have failed to prove before court that they were actually dislocated shopkeepers of Hazuri bagh.
The single bench of Justice Ali Mohammad Magrey held that the petition merits dismissal and is, therefore, dismissed together with connected CMP no.01/2017 and 02/2017. Consequently, all interim directions subsisting shall stand vacated. This also disposes of MP no.04/2017, and, as stated by the Commissioner, Srinagar Municipal Commission, in his reply filed on 26.05.2010, the respondent viz. Srinagar Municipal Corporation shall refund the amounts received by it, if any, from the petitioners or any one of them, either before filing this writ petition or during its pendency, whether without or under any order of the Court, towards the payment of premium, within a period of two months from today alongwith interest thereon as per Bank rates, applicable from time to time, till the amount is actually refunded.”
The petitioners who were claiming to be dislocated shopkeepers of Hazuri Bagh, Srinagar, had approached the Court through the writ petition, seeking essentially the relief of a direction to the respondents to allot them the assured shops in Block-C of the said Shopping Complex but during investigation it has come to fore that false list of 120 dislocated shopkeepers was prepared by some officials of SMC.
The state vigilance organisation in their report states that the false list of 120 dislocated shopkeepers for rehabilitation was prepared by the Ex-Assistant Revenue Officer, Ex-Ward Officer Jawahar Nagar and Ex-Ward Officer Lal Chowk of Srinagar Municipal Corporation.
It further says that during the course of investigation it has been established that the false list of 120 dislocated shopkeepers including the petitioners were not holding any business or having any shop etc. on rent as such have not paid any rent or municipal shop tax etc. towards Srinagar Municipal Corporation besides their dislocation etc. has not been established as per the records of the Srinagar Municipal Corporation.
It is in place to mention here that the petitioners also failed to put forth any evidence / documentary evidence in support of their dislocation or any such tax / rent etc. towards Srinagar Municipal Corporation.
Furthermore it says that the investigation of the case has been finalized and the challan of the case will be produced before the competent Court at the earliest.