HOTEL NEW METRO Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court for the issuance of appropriate writs to the respondents for the clearance of their pending liability towards hiring the petitioner Hotel for protected political persons.

(2.) Case of the petitioner is that pursuant to a circular dtd. 7/11/2020 and communication dtd. 12/12/2020 and various communications issued thereafter from time to time by Divisional Commissioner, Kashmir, it was requested to provide accommodation, on sharing basis, to protected persons including Panches, Sarpanches, Municipal Councillors etc., and police personnels/security forces w.e.f. 18/11/2020. Subsequently, the accommodation came to be de- hired by the Divisional Commissioner w.e.f. 5/10/2021, in terms of his order dtd. 1/10/2021. However, immediately after de-hiring at the Divisional Level, a fresh requisition was made at the District Level by respondent no. 2-Deputy Commissioner, Srinagar, vide his communication dtd. 27/10/2021, by virtue of which four Hotels, including the Hotel in question, came to be re-hired for accommodating protected persons of District Srinagar including Sarpanches, Councilors, DDC Members, contesting candidates etc. The petitioner raised bills, for the periods Hotel premises came to be hired, first at the Divisional level and later at the District level, however, grievance of the petitioner is that its payment is not being cleared despite the fact that hiring charges were verified and approved by the competent authorities and funds released by the Government.

(3.) It is further contended that when representative of the Hotel approached the office of Divisional Commissioner, he was informed that based on an exparte report of a Committee, amounts of Rs.51,756.00 and Rs.37,980.00 had been approved for payment on account of boarding and lodging charges w.e.f. 6/10/2021 to 31/5/2022.