JANTA DAL Vs. STATE

JUDGEMENT

(1.) The petitioner-Janta Dal (United), Sharad Yadav Group,has approached this Court seeking quashing of Jammu and Kashmir Special Tribunal, Jammu's Order dated October 31, 2006, dismissing its Revision preferred against Order dated13.08.2005 of Custodian, Evacuee Property, Jammu, whereby its allotment of EP House No. 239 situated at PanjbakhtarRoad, Jammu was cancelled.

(2.) All that is pleaded in the Writ Petition to seek setting aside of the questioned Orders is that the petitioner was running its Office in the premises in question for the last more than two decades and having first right to allotment/renewal of Lease, the Authorities under the Jammu and Kashmir Evacuees Administration of Property Act cannot evict it forcibly without adopting due course of law.

(3.) It is indicated in the Petition that former President of the State Wing of Junta Daly 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 the Jammu and Kashmir Special Tribunal; but without success.