Jammu & Kashmir High Court – Srinagar Bench
Mohammad Shafi Malik vs Ut Of J&K And Ors on 19 June, 2025
S. No. 21
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No.1439/2025 CM No.3728/2025
MOHAMMAD SHAFI MALIK ...Petitioner/Appellant(s)
Through: Mr. Jehangir Iqbal Ganie, Sr. Advocate with
Mr. Hilal Lone, Advocate.
Vs.
UT OF J&K AND ORS. ...Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
19.06.2025
1. Issue notice to the respondents in the main petition as well as in the
interim application returnable by the next date of hearing, subject to
taking of steps for service within week’s period for filing
reply/objections.
2. Heard learned counsel for the petitioner in respect of his prayer for
grant of interim relief who during his exhaustive arguments inter alia
contended that the running of the Beetab Valley Park at Pahalgam for
a period of three years w.e.f. 07.05.2024 was allotted to the petitioner
pursuant to the finalization of e-Tender process, as being the highest
bidder. That in terms of the conditions of the e-NIT, he deposited the
first year bid amount of Rs.7.64 Crores with the respondents
Department, but unfortunately during the same year the Beetab Valley
remained closed under the orders of the competent authorities on
account of the Shri Amar Nath Ji Yatra 2024 whereupon he made a
representation to the respondents for compensating his loss on account
of the closure of the Park during the peak tourist period who were
convinced on justified grounds to grant him the relaxation in payment
of the second year bid amount in two installments with a gap of 60
days.
That just after few days of the opening of the Park during the next
financial year 2025-2026, due to the unfortunate and condemnable
incident of 22nd April at Pahalgam, the Park was closed and is likely
to remain further closed on account of Shri Amar Nath Ji Yatra 2025.
That the respondents have issued the impugned notice dated
05.06.2025 giving him a final call to deposit the entire bid amount of
2nd year with the stipulation that in case of failure, the allotment order
shall be cancelled.
That the petitioner voluntarily deposited the first year bid amount
but owing to the closure of Park, he could not immediately manage to
deposit the second year bid amount even in installments pursuant to
which he made a representation to the respondents for relaxation of
the terms and conditions regarding the payment of the outstanding bid
amount for the years 2025-2026 but they turned a deaf ear to him.
Learned counsel further contended that the grounds taken in the
main petition may be considered for grant of relief in the interim
application for the sake of brevity.
5. List on 30.07.2025.
3. In the meantime, subject to any vacation or modification upon
consideration of the objections/arguments and till next date of hearing
before the Bench, the operation of the impugned notice
No.CEO/PDA/Ests/695-97 dated 05.06.2025 shall remain stayed, with
the direction to the respondents to allow the petitioner to operate and
run the said Beetab Valley Park at Pahalgam subject to the payment of
outstanding 2nd year bid amount regarding which a reasonable
relaxation/lenient view needs to be taken in terms of the
payment/number of installments having regard to the closure of the
Park during peak tourist season.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
19.06.2025
Ishaq