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| HC dismisses ex-legislators' petitions challenging eviction notice | | | Early Times Report
Jammu, Feb 22: High Court today dismissed a petitions filed by former legislatures challenging notice issued by the Estates Department seeking his eviction from Government quarter under Jammu and Kashmir Public Premises (Eviction of un-authorized occupants) Act. Justice Ali Mohammad Magrey after hearing Advocates Ashok Sharma and KL Pandita for the Choudhary Gharu Ram, Abdul Majid Mir, Sheikh Mohammad Rafi and GhulamMohi-ud-din whereas Advocate General Jahangir Iqbal Ganai with Govt Adv Ahtisham Bhat for the state observed that this court does not feel convinced of the case having been made out in favour of the petitioner. Instead it appears that the petitioners have apparently unauthorizedly stayed in the Government accommodations in question. They ought to have gladly surrendered the possession of the quarter in question after they ceased to be holding any public post.
Justice Ali Mohammad Magrey further observed that this court has got a chance, through the instant petitions, to know about the sorry state of affairs in the respondent department. In one of these cases there is not even any allotment order in favour of the petitioner and he is continuing in the premises and further seeks to continue. Astonishing it is that the respondent department has allowed the flats to be used without any allotment orders. This appears to be just the tip of the iceberg. The number of such cases would obviously be quite high and obviously the occupiers of such quarters would not be paying any rent or premium towards the allotment resulting in a huge loss to the public exchequer. Justice Ali Mohammad Magrey observed that in case such a trend is allowed to remain in place any further it would amount to contributing towards the wrong. With these observations High Court held that the petitions are without any merit, therefore, dismissed. Upholding the impugned orders, the interim directions are vacated. Respondents, in particular the respondent, Director, Estates J&K, are directed to evict the petitioners from the Government accommodation in question forthwith and allot the same to the eligible applicants strictly in terms of the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004, notified in terms of Government Order No. 169-GAD of 2004 dated 10.02.2004, and report compliance to that effect. |
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