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HC dismisses petition challenging cancellation of allotment to JD (U)
12/5/2011 9:14:28 PM
EARLY TIMES REPORT
JAMMU, Dec 5 (JNF): State High Court today dismissed the revision petition challenging cancellation of allotment of custodian evacuee property to Janta Dal (U).
Justice JP Singh dismissed the petition filed by Janta Dal (United), Sharad Yadav Group seeking quashment of Special Tribunal’s order dated October 31, 2006 dismissing its revision petition against order dated August 13, 2005 of Custodian Evacuee Property Jammu whereby its allotment of EP House No. 239 situated at Panjbakhtar Road, Jammu was cancelled.
The petitioner had sought setting aside of the order on the grounds that he had been running his office in the premises for the last more than two decades and hence, his was the first right to allotment/renewal of lease. He had further stated that authorities under the Jammu and Kashmir Evacuees Administration of Property Act cannot evict him forcibly without adopting due course of law.
It is also indicated in the petition that former President of the State Wing of Janta Dal had filed Civil Suit seeking permanent prohibitory injunction restraining the Evacuee Property Department from evicting the petitioner from the premises in question, and after his death, petitioner had questioned custodian’s order before Jammu and Kashmir Special Tribunal; but without success.
Custodian Evacuee Property, Jammu contests the petitioner’s Claim urging that having been found to have misused the premises letting it to others, thereby violating the provisions of Rule 14 of the evacuee property rules, the allotment made in favour of Sanjay Gupta, deceased President of the State Unit of Janta Dal was cancelled when despite notice issued to him in this behalf, he opted not to contest it and the petitioner had, therefore, no right to invoke the extraordinary jurisdiction of the court.
Justice JP Singh after hearing both the sides observed that the petitioner has not indicated any ground in the petition on which it proposes to question order of eviction, except saying that petitioner cannot be evicted from the premises without following due procedure prescribed by law. Petitioner’s ex-president, having not contested eviction notice and resultant order, court said that petitioner’s plea that respondents may not evict him without adopting due course of law is found without merit.

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