ALTAF AHMAD BHAT Vs. VICE CHAIRMAN SDA

JUDGEMENT

(1.) By this Civil Revision, the petitioner calls in question the order dated 19.03.2020 (for short "impugned order"), passed by learned Principal District Judge, Srinagar (for brevity "Appellate Court"), on an Appeal titled Vice Chairman Srinagar Development Authority Sgr and ors v. Altaf Ahmad Bhat, by virtue of which the appellate court while allowing the condonation of delay application as also the Appeal, has set-aside the orders dated 09.07.2019 and 02.12.2019 of the court of Sub Judge, Passenger Tax, Srinagar (for short "Trial court"), with a direction to proceed with the suit in accordance with law, on the grounds detailed out in the civil revision. The petitioner has further prayed that the appeal, which had been disposed of by the impugned order, in acceptance of this revision, be transferred to any other court of competent jurisdiction. The Challenge has been made precisely on the following grounds:

(2.) Briefly put the case of the petitioner is that he submitted an application to the respondents for allotting him a vacant space at Bemina Main Market. The said space is stated to have been identified by the petitioner only, therefore, its allotment was sought by him on humanitarian grounds to enable him to start his business at such vacant space.

(3.) The respondents entertained and processed the application and while the application of the petitioner was pending the petitioner reliably learnt that the respondents intend to allot the said vacant piece of land to some of their favorite, constraining the petitioner to file a civil suit which was transferred by the learned Principal District Judge, Srinagar, to the court of 2nd Subordinate Judge Civil (PT&E) Srinagar, hereinafter for short as trial court. The petitioner had prayed for the following reliefs in the civil suit: