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Judgment
Petitioners, 36 in number, state that they are engaged in selling various food and other articles in small bunk shops (Kiosks) in the vicinity of Rail
Head Complex, Jammu. They plead that they are engaged in this business for more than last ten years. They live day to day by selling food and
other articles in these small bunk shops (Kiosks). To substantiate this plea, petitioners rely upon the letters dated 31st May, 2008 issued by
respondents to the petitioners in pursuance of the directions of this Court in OWP No. 30/2007 and Contempt petition No. 63/2007. They also
rely on decision taken by the Board of Directors of JDA in its 68th meeting. They sought regularization of their shops (Kiosks) by issuance of
allotment orders. The respondent-authority called upon the petitioners to submit records so as to enable the authority to accord consideration for
regularization of their allotment. There is a rejection order No. Secy/JDA/PS/164-66 dated 25.05.2015, which is under challenge in writ petition,
OWP No. 743/2015.
The petitioners have filed two writ petitions by which they seek regularization of the allotted shops (Kiosks) by issuance of regular allotment
orders after receiving the premium fixed by the concerned Minister and based on the report submitted by the committee.
It is stated that the petitioners have filed representations before the Vice-Chairman, Jammu Development Authority, Jammu on 6th August,
2016 for reconsidering the petitioners'' pending representation supported by the relevant and required documents for issuing the order of regular
allotment of shops in favour of the petitioners. They also seek parity with other similarly situated persons, for whom regular allotment orders have
been issued and premium has also been received. Learned counsel for the petitioners also relies upon the report dated 19.05.2008, submitted by
the Deputy Superintendent of Police, Crime and Railways and report bearing No. JDA/DLM/HQA/130 dated 21.04.2014 submitted by
Tehsildar, JDA. Learned counsel for the petitioners also relies on a decision rendered by this Court in case titled Jaspal Singh and ors. V. Vice-
Chairman, Jammu Development Authority and ors, OWP No. 328/1993 decided on 29.01.2001.
Petitioners state that the authorities are inclined to re-consider the issue in view of the changed circumstances.
Mr. Adarsh Sharma, learned counsel appearing for the respondents states that if the Court so directs the authority will reconsider the claim of
the petitioners as above on merits.
In view of the above, both the petitions are admitted to hearing and taken up for final disposal and writ petitions are disposed of with a direction
to the authority to consider the request of the petitioners for regular allotment of the small bunk shops (Kiosks) with premium, if found genuine and
valid as pleaded.
In this view of the matter, while declining the relief of certiorari, the authority is directed to accord fresh consideration based on the request
made by the petitioners as above and take appropriate decision on its own merits within a period of six weeks from the date of receipt of copy of
this order.
Till such decision is taken, petitioners, if they are in occupation by valid authorization, need not to be disturbed. The request of the petitioners
may be reconsidered if found justified. The petitioners are at liberty to challenge the decision to be taken by the respondentauthority, if aggrieved.
Both the writ petitions are disposed of as above along with connected MP(s).