SHAKEELA Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has craved the indulgence of this Court in granting her the following relief(s):

(2.) Heard learned counsel for the parties, perused the pleadings on record and considered the matter.

(3.) At the very outset, it must be noted that it is unfortunate that some former Ministers/Legislators/Retired Officers/Politicians/Political persons, etc., have illegally/unauthorizedly managed to continue to stay in the residential accommodation provided to them by the Government of Jammu and Kashmir, though they are no longer entitled to such accommodation. Many of such persons continue to occupy residential accommodation commensurate with the office(s) held by them earlier and which are beyond their present entitlement. The unauthorized occupants must realize that rights and duties go correlative to each other, inasmuch as the rights of one person entail the duties of another person, whereas, the duties of one person entail the rights of another person. In this context, the unauthorized occupants must appreciate that their act of overstaying in the premise directly infringes the right of another. No law or direction can entirely control this act of disobedience, but for self-realization among the unauthorized occupants.