X ADVENTURE TRAVELS Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has sought a Writ of Certiorari for quashing the cancellation of bookings of the huts at Gulmarg effected by the respondents. A further direction has been sought upon the respondents restraining them from making fresh bookings of the huts.

(2.) As per case of the petitioner, it is a duly registered Adventure and Sports Tour Operator and that it has obtained the requisite registration from the respondent Department of Tourism, Government of Jammu and Kashmir. It has been submitted that the petitioner booked five bed room huts vide order ID No.183272-183274 dtd. 4/12/2023 for providing service of adventure and sports facilities to the tourists against the payment of Rs.8,81,280.00. On 5/8/2023, a communication was received by the petitioner from the respondents whereby it was informed that the tariff has been revised @Rs.6480.00 extra per day. This was objected to by the petitioner by submitting its response but on 13/10/2023, the respondents again asked the petitioner to deposit the revised tariff within three days failing which the booking was to be cancelled. The petitioner is stated to have made a representation to the respondents but on 18/10/2023, the respondents proceeded to cancel the booking of the petitioner.

(3.) The petitioner has challenged the action of the respondents on the ground that once booking was made by the petitioner, it was not open to the respondents to revise the tariff and ask for additional charges from it. It has been further contended that on account of action of the respondents, the petitioner has suffered huge losses and that the action of the respondents is violative of Articles 14 and 16 of the Constitution.