Jammu & Kashmir High Court – Srinagar Bench
Shree Enterprises-Patna Karbigahiya … vs Union Of India Through Manager … on 31 July, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Serial No. 6
Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 800/2025
CM No. 2043/2025
Shree Enterprises-Patna Karbigahiya Kankarbagh Circle Patna
..... Appellant/petitioner(s)
Through: -
Mr. S. A. Naik, Advocate
V/s
Union of India through Manager (Northern Railway) New Delhi and
Ors.
..... Respondent(s)
Through: –
Mr. A. H. Naik, Sr. Advocate with Mr. Irfan Andleeb, Advocate for 13
Mr. Nazir Ahmad Bhat, CGC
Mr. F. N. Shah, GA vice Mr. Furqan Yaqoob, GA for 14CORAM:
HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE
(ORDER)
31.07.2025
01. The petitioner was declared as the highest bidder and
awarded/allotted contract for parking of commercial vehicles at
Railway Station, Nowgam, Srinagar and thereafter the contract
agreement was also signed between the parties for a period of three
years commencing from 07.02.2025. After the petitioner was
allotted the above mentioned contract, it was found that various
vehicles were parked at the place allotted to the petitioner, without
any authorization, which as per the petitioner, prompted him to
approach the Station Superintendent, Northern Railway Station for
formal allotment of parking area to the petitioner and thereafter, the
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
respondent No. 3 vide communication dated 07.02.2025, directedthe concerned official that the contractor be permitted to commence
operations in the parking area in terms of the contract. Vide
communication dated 17.02.2025, the Chief Area Manager,
Northern Railway requested Senior Superintendent of Police, GRP
Kashmir, Srinagar to ensure that the area be vacated before the
commencement of operations by the petitioner. It appears that the
needful was not done by the officials concerned, which led to the
filing of this petition for commanding the official respondents to
allow the petitioner to commence the operations in the allotted
parking area at Railway Station, Nowgam Srinagar vide allotment
letter dated 07.02.2025.
02. The private respondent, initially was not arrayed as party respondent
in the writ petition, but as respondent No. 13 was on caveat, he was
arrayed as respondent No. 13 only.
03. In the response filed by the respondent No. 13, it is contended that
the answering respondent is duly registered Taxi Stand and is
engaged in the business of carrying/picking up and setting down the
passengers for hire at Railway Station Nowgam since 2008 and the
members of the Taxi Stand own and operate a fleet of transport
passenger vehicles commonly known as Passenger Sumo and
Tavera/Innova Vehicles. It is further stated that vide notification No.
6-MVD/P of 2012 dated 31.01.2012 a plot of land measuring
1053X43=2279 Sqm was declared as a Taxi/Sumo Stand, Railway
Station, Nowgam Srinagar under Section 117 of Motor Vehicle Act
read with Rule 180 and 181 of J&K Motor Vehicle Rules.
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
04. Precisely the respondent No. 13 is challenging the very existence of
the parking slot allotted to the petitioner by the respondents 1 to 7.
05. Mr. S. A. Naik, learned counsel for the petitioner has submitted that
the respondent No. 5, vide communication dated 09.12.2024,
addressed to SS/SINA has intimated the concerned officials that the
vehicles as mentioned in the order dated 09.12.2024 be permitted to
park individually.
06. Mr. A. H. Naik, learned senior counsel appearing for respondent No.
13, has submitted that in terms of order dated 26.04.2018, issued by
the Chairman, State Transport Authority, J&K Jammu, 60 number
of vehicles have been permitted to utilize the Taxi Stand at Railway
station, Nowgam Srinagar and further permission has been granted
to 20 more vehicles for similar purpose as mentioned above vide
order dated 25.10.2024.
07. The dispute in fact hinges around the competence of the Transport
Commissioner, Government of J&K to issue the
permissions/allotments in favour of respondent No. 13, but he has
not been arrayed as respondent in the present petition. His presence
is required for effective adjudication of the controversy at hand.
Accordingly, the Transport Commissioner, Government of J&K,
Old Secretariat, Srinagar is arrayed as respondent No. 14 in the
present petition.
08. Registry to update the cause title of the writ petition, accordingly.
09. Notice to newly added respondent, waived by Mr. F. N. Shah,
learned GA, appearing vice Mr. Furqan Yaqoo, learned GA. He is
directed to file response by or before the next date of hearing.
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
10. Mr. S. A. Naik, learned counsel for the petitioner shall furnish copy
of the petition to Mr. F. N. Shah, learned GA.
11. List on 03.09.2025.
CM No. 2043/2025
01.As the interest of the respondent No. 13 is with regard to the vehicles
as mentioned in orders dated 26.04.2018 and 25.10.2024, therefore, in
order to maintain the proper balance between the rights of the
contesting parties as an interim measure, it is directed that the
petitioner shall permit the vehicles of respondent No. 13 as mentioned
in the abovementioned orders to utilize the space allotted to the
petitioner and in turn respondent No. 13, shall not cause any
interference in the operation/utilization of the parking space by the
petitioner in exercise of his rights under the contract of allotment.
02.Needless to mention that this Court has not expressed any opinion qua
the merits of claims of either of the contesting parties. This order shall
remain subject to objections to be filed by the newly added respondent
No. 14.
03.List as above.
(RAJNESH OSWAL)
JUDGE
SRINAGAR
31.07.2025
“Mohammad Yasin Dar”
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document