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Judgment
Tashi Rabstan, J
Petitioner seeks a direction to respondent Nos. 2 to 4 to extend the period of lease granted to him from one year to 40 years with respect to the land measuring 7 kanals situated at Kathori, Batote under Survey Nos. 282, 286, 287, 289, 290, 291, 292, 297, 288 and 294, allotted vide order dated 22.02.2020 for the cultivation of medicinal plants. Petitioner is seeking parity with respondent No.6 who was granted the land on lease for 40 years.
It is contended that the respondent No.2 issued a direction for holding the bid for the land for allotting on rental basis for three years. Respondent No.5 auctioned the land and the petitioner being highest bidder of Rs. 400/- per kanal per annum was allotted the land on lease. Sanction was accorded to the temporary allotment of land for growing medicinal plants for the period of one year in the first instance against the rent of Rs.600/- per kanal per annum. The petitioner deposited an amount of Rs. 2800/- in pursuance of allotment order dated 22.02.2020 by respondent No.3 i.e., Custodian Evacuee Property, Jammu.
The grievance of the petitioner is that allotment order issued by respondent No.3 is only for a period of one year whereas the land was auctioned for three years and Rs. 400/- per kanal per annum was fixed during the bidding but the petitioner was directed to deposit Rs. 600/- per kanal per annum. On the other hand, 15 kanals of land is leased out to respondent No.6 for a period of 40 years. On this count, petitioner is seeking parity with respondent No.6. It is also contended that due to COVID-19 pandemic, no process for cultivation of medicinal plants was done. Moreover, the petitioner has also filed representation for extension of time of lease as the respondents are trying to dispossess the petitioner from the aforesaid allotted land. The said representation has not been decided till date.
Since the petitioner has already approached the respondents by filing a representation, projecting his grievance therein, same is annexed as Annexure-XVI with the petition and therefore, it would be appropriate, at this stage, to dispose of the petition without dealing with the merits of the case. As such, this petition is disposed of with a direction to the respondents to consider and decide the representation of the petitioner, having regard to contents of the petition strictly under rules, within a period of two weeks from the date copy of this order along with complete set of petition is made available to them. Till the representation is decided by the respondents, status quo as on today shall be maintained.
Disposed of along with connected application.
