Excelsior Correspondent
SRINAGAR, June 5: High Court has turned down the plea of a trust seeking permission to hold the public welfare service and langer for the pilgrims for the upcoming Shri Amarnathji Yatra at Panjtarni.
Justice Mohammad Yousuf Wani said the it is discretion of Shri Amarnath Shrine Board (SASB) and dismissed the plea of Bhole Bhandari Charitable Trust seeking permission of the court to withdraw the instant plea with the liberty to file fresh one with some additional points regarding the issue involved in the matter.
The court did not allow the petitioner-trust to withdraw the same and dismissed the plea after the Sr. AAG Mohsin Qadri appearing on behalf of the Government raised strong objection to the filing of fresh plea on the ground that the security issue as reason for not inviting the petitioner-trust for organization of langer during SANJAY 2025, as such, the impleadment of the Central and UT Governments as party respondents has been necessitated for the just disposal of the writ petition.
“In the facts and circumstances of the case, this court is of the opinion that no sufficient ground appears to be made out for allowing the petitioner-trust to seek the withdrawal of the petition with permission to file a fresh one in respect of the same subject matter. The main ground basing the withdrawal application is that the alleged security concerns raised by the arguing counsel for the respondents in his pleadings and also during his arguments, being one of the reasons for not communicating the offer to express willingness to the petitioner-trust for organization of langer during SANJAY 2025, has necessitated the impleadment of the Central and UT Governments as co-respondents being necessary parties and in the said backdrop, certain new pleadings need to be added to the petition to address the said concerns adequately”, Justice Wani said.
The court said that the issuance of offer/invitation to intending langer organizers for organizing langer during the Annual Shri Amarnathji Yatra is the discretion of the respondents-board. The case in hand is distinguishable from a tender process, in which no qualified and eligible bidder can be stopped from participating in the tender process.
“Any further deliberation is likely to touch the merits of the case, which is not allowed while disposing off the instant application. For the foregoing discussion, there seems to be no merit in the application, which is, accordingly, dismissed”, read the judgment.
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