ZAHOOR AHMAD BADOO Vs. STATE OF JK

JUDGEMENT

(1.) Petitioner claims to have been allotted a fair price medical shop at Community Health, Kreeri, by the Respondent No. 4 in the year 2004 for a period of three years for auction amount of Rs.4.95 lacs, out of which, he had deposited only Rs.2.00 lacs. It is submitted that the petitioner was allotted the space comprising of two rooms in the old building of Community Health Centre, Kreeri and the term of the license period expired on 26/10/2007 and by that time, the petitioner, has deposited only Rs.2.00 lacs instead of Rs.4.95 lacs and has continued with the business beyond 2007, by retaining Rs.2.95 lacs auction amount as also a huge amount on account of rent (Rs.13,000.00 per month), which on calculation comes to around Rs.19.00 lacs.

(2.) Government of Jammu and Kashmir in order to regulate and streamline the procedure for allotment of existing Fair Price Medical Shops in various hospitals of Medical Education Department notified "Procedure and Guide Lines" vide Government order no. 108-HME of 2003 dtd. 4/6/2003. In terms of the Guidelines/Procedure the existing Fair Price Shops in various institution of Health and Medical Education Department were required to be allotted through a transparent system of open auction, duly published in the local press and electronic media.

(3.) On completion of the auction process, the highest bidder was required to be allotted the shop initially for a period of three years, extendable by another two years subject to satisfactory performance of the allottee, on the basis of highest premium offered in addition to monthly rent to be fixed by the Committee constituted for the purpose. Above said policy of the Government was supplemented by Government order No. 02-HME of 2004 dtd. 1/1/2004 by adding further terms and conditions of the allotment that the allotment shall be on licensee basis and the successful bidder licensee shall have to execute a Licensee Deed for the allotment of the sop with the allottee.