ALI MOHD KHATU Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner-Ali Mohd. Khatu was allotted Contract for Privatization of Entry Ticket System at Bagh-e-Bahu, Jammu for a period of one year effective from 27.08.2010 by the Government of Jammu and Kashmir in the Directorate of Floriculture, Jammu. Before the expiry of the Contract Period, he approached the Government seeking extension of the period of Contract saying that because of fall in tourist rush in the State in view of turmoil in Kashmir Valley and un-scheduled electricity cuts, he had suffered loss in business and was, therefore, entitled to the benefit of Cabinet Decision No. 65/7/2011 dated 18.03.2011, in terms whereof, the State Government had allowed extension of Contract period of the contractors indicated in Annexure-A to Government Order No. 102-Agri of 2011 dated 25.03.2011 upon payment of 30% of the previous Bid Amount. His request having not been attended to by the State Government, he approached this Court by his Writ Petition OWP No. 902/2011 seeking directions against the State-respondents to renew his Contract on payment of 30% of the Bid Amount of the year 2010. This Court, by an interim order, directed the Government to consider the petitioner's Representation in the light of the Cabinet Decision. The petitioner's Representation was still pending consideration when the Department of Floriculture, Jammu issued another Tender Notice for Privatization of Entry Ticket System in Bagh e- Bahu, Jammu w.e.f 27.8.2011 to March 31, 2012. The petitioner again approached this Court by his Writ Petition OWP No. 971/2011. Another interim order was issued on his Writ Petition, staying process initiated pursuant to Tender Notice No. 07 of 2011-12.

(2.) During the pendency of the above two Writ Petitions, the State Government in the Agriculture Production Department, rejected the petitioner's Representation finding no merit therein. The petitioner questioned the Government decision by his Writ Petition OWP No. 1307/2011.

(3.) The dispute in all these Writ Petitions revolves around the petitioner's claim to extension in the period of Contract in terms of Cabinet Decision No. 65/7/2011 dated 18.03.2011.