JANAK RAJ GUPTA Vs. J.D.A

JUDGEMENT

(1.) Challenge, in this Revision Petition is to the order of learned 1st Additional District Judge, Jammu dated 20th April, 2010 in appeal under Section 12 of Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988 titled Janak Raj Gupta v. Jammu Development Authority and another. The background facts are as under:

(2.) The Petitioner claims to be in possession of Shop No. 43-D at Nehru Market, Jammu as a tenant thereof. The Respondent No. 1 through Respondent No. 2 vide communication No. JDA/DLM/384 dated 25th of March, 2009 asked the Petitioner to vacate the shop in question. The Petitioner questioned the aforesaid communication through medium of an appeal under Section 12 of Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988 before the District Judge, Jammu. The Petitioner's case was that the Petitioner was in lawful possession of Shop and not an unauthorized occupant, within the meaning of Section 2(g) of Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988 and the communication impugned was unauthorized, illegal and liable to be set aside. The appeal was assigned by the learned District Judge, Jammu to 1st Additional District Judge, Jammu. Resultantly, the appeal was dealt with and decided by the learned 1st Additional District Judge, Jammu vide order dated 20th April, 2010 impugned herein.

(3.) The appellate court on consideration of the matter and after hearing Learned Counsel for the parties held that communication No. JDA/DLM/384 dated 25th of March, 2010 as valid and not to suffer from any infirmity as would persuade the court to set aside the communication. The appellate court on perusal of the record found the Petitioner to have been allotted a commercial Shop No. 101, Yard No. 6 at New Transport Nagar, Jammu in lieu of Shop No. 43-D, Nehru Market, Jammu and to have taken possession of the allotted shop at Transport Nagar, Jammu. The appellate court held the Petitioner to be in unauthorized possession of Shop No. 43-D at Nehru Market Jammu and liable to be evicted therefrom. The Appeal in the said background was dismissed.