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Judgment
Subject matter of the writ petition is the notice No. 34 of 2004 dated 23.0702004 issued by Srinagar Development Authority (SDA for short)
having the effect of putting the vacant plots to auction which is sought to be quashed mainly on the ground that the respondents cannot go for
auction unless a plot is allotted to the petitioner. Responding to the notice, SDA in its reply contends that all the plots under discretionary quota
stand allotted and no plot remains available under the said category. It is apposite to notice that no challenge is thrown to the discretionary
allotment, therefore, I would like to refrain from expression of opinion in respect of validity of such allotments but in so far as claim of the petitioner
is concerned it is bound to fail because of non availability of plot under the category of discretionary quota. Much controversy is raised in respect
of the communication of the SDA recommending the inclusion of a plot within the discretionary quota sought to be justified by dint of Government
Order (Annexure G). Amazingly RespondentSDA has observed silence about the above referred Government Order, yet in my opinion individual
interest has to give way to the public interest and the auction being in the public interest decision of the Government to make allotment by auction
does not call for any interference. Writ petition is dismissed along with CMPs. Interim direction shall stand vacated.