FAYAZ AHMAD HANDOO Vs. STATE AND ORS.

JUDGEMENT

(1.) Subject matter of the writ petition is the notice No.34 of 2004 dated 23.07.2004 issued by Srinagar Development Authority (SDA for short) having the effect of putting the vacant plots to auction which is sought to be quashed mainly on the ground that the respondents cannot go for auction unless a plot is allotted to the petitioner. Responding to the notice, SDA in its reply contends that all the plots under discretionary quota stand allotted and no plot remains available under the said category. It is apposite to notice that no challenge is thrown to the discretionary allotment, therefore, I would like to refrain from expression of opinion in respect of validity of such allotments but in so far as claim of the petitioner is concerned it is bound to fail because of non availability of plot under the category of discretionary quota. Much controversy is raised in respect of the communication of the SDA recommending the inclusion of a plot within the discretionary quota sought to be justified by dint of Government Order (Annexure G). Amazingly Respondent-SDA has observed silence about the above-referred Government Order, yet in my opinion individual interest has to give way to the public interest and the auction being in the public interest decision of the Government to make allotment by auction does not call for any interference. Writ petition is dismissed along with CMPs. Interim direction shall stand vacated.