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Liberty must be given to Approach Concerned Authorities: High Court of Jammu & Kashmir and Ladakh at Srinagar

Wherein grievances have arisen, it is necessary to allow concerned persons to approach the appropriate authority for a remedy, as was highlighted in an order by the HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR, before a bench consisting of the Hon’ble Chief Justice and Hon’ble Justice Tashi Rabstan, in the case of Ghulam Qadir Mir vs. Union Territory of Jammu & Kashmir [CM(M) No.10/2022], on 04.02.22.

By the medium of the present petition filed under Article 227 of the Constitution of India, the petitioner challenges the order/communication dated 31.01.2022 passed in appeal filed under Section 12 Sub-section (1) of Jammu and Kashmir Public Premises (Eviction of the unauthorized Occupants) Act, 1988, whereby the petitioner herein has challenged the eviction notice dated 29.12.2021 issued by the Director Estates, J&K Government.

The Learned Counsel for the Petitioner drew to the Court’s attention that it was averred in the petition that the communication dated 31.01.2022 has been issued by Reader to District Magistrate, Srinagar, whereby the petitioner has been requested to file reply/ objections to the appeal filed by the present petitioner. He further submitted that the impugned communication has been issued by an incompetent officer i.e., Reader to the District Magistrate whereas in terms of Section 12 of the Act, the appeal filed by the petitioner is required to be adjudicated by respondent no.5. Additionally, it was submitted that the notice impugned is against the provisions of law. It was further stated that even the next date of hearing has not been fixed, therefore, the respondents taking advantage of the same communicated the petitioner telephonically that the respondents 2 to 4 are visiting the site in question to evict the petitioners.

It was also submitted that since the petitioner’s appeal is pending before the competent authority and that no date has been fixed in the same, the petitioner has been left with no choice but to approach this Court by the medium of present writ petition. Since the petitioner has already filed appeal against the eviction notice and the same is pending and also that order/ communication dated 31.01.2022 has been issued by an incompetent officer i.e., Reader to the District Magistrate, whereby the request has been made for filing of reply, however, no date has been fixed in the appeal, indulgence of this Court is warranted.

In view of the above set of facts, the Court found it appropriate to dispose of the writ petition by giving liberty to the petitioner to approach to the Deputy Commissioner, concerned agitating the grievances as projected in this writ petition within a period of one week. Thereafter, the Deputy Commissioner concerned was directed to consider the appeal and decide the same expeditiously preferably within a period of one month from today. Till then it was directed that, the status-quo as on date with regard to the subject premises i.e., Govt. Quarter G-6, Chanapora, Srinagar, shall be maintained. However, it was made clear that this Court has not expressed any opinion on the merits of the case.

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Judgement reviewed by Bhargavi

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