Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar

Order Date: 28 October 2026

Case Overview

  • Petitioner: Hotel Hajr, owner of a Category “C” hotel at Rajbagh, registered with the J&K Department of Tourism, comprising 42 rooms and 13 halls.
  • Respondents: Union Territory of Jammu & Kashmir and associated departments (including Police Headquarters, Estates Department, etc.) occupying the hotel for Security Forces since 3 August 2018.
  • Petition sought: Quash of communication dated 1 Oct 2020 (Rent/Bud/Hajr/2020/143-46) demanding recovery of Rs 20,35,296 for alleged non‑deduction of a 32 % rebate under Government Order 129‑Est 2010, and a mandamus directing release of tariff payments without any deductions per Government Order 164‑Est 2015.
  • Core dispute: Applicability of the 32 % rebate deduction to a hotel occupied year‑round by security forces and entitlement to the enhanced tariff of ₹356 per room per day (₹500 per hall) prescribed in GO 164‑Est 2015.
  • Evidence & observations: Respondent admitted occupation of 42 rooms and 13 halls by CRPF units C/25 and D/25; earlier tariff of ₹300 per room per day had been paid; GO 164‑Est 2015 raised room rate to ₹356 effective 1 May 2014; GO 129‑Est 2010 provides a 32 % rebate for “non‑move” hotels during winter months only.

Final Outcome

  • The impugned order dated 01‑Oct‑2020 is modified: refund is ordered only for charges paid for two rooms and 13 halls and for the 32 % winter‑season rebate.
  • Petitioner is entitled to daily charges at the enhanced rate of ₹356 per room and ₹500 per hall as per GO 164‑Est 2015.
  • Respondent No. 5 (Estates Department) is directed to compute the amount due to the petitioner, including the revised tariff and applicable rebate, within three months of this judgment; the amount shall then be paid, recovered or adjusted accordingly.
  • The writ petition is disposed of.

Topics: Legal Dispute, Hospitality Tariff, Government Rebate