GOWHAR HUSSAIN MIR Vs. STATE OF J&K

JUDGEMENT

(1.) CONSIDERED . Admit.

(2.) NOTICE is accepted at this post admission stage by Mr. M.H. Attar, AAG, for respondents, who tenders statement that the objections which he has filed on behalf of Govt. officials, may be treated as reply at this post admission stage. The counsel for the parties pray that the matter may be taken up for final disposal at this stage itself. The statements of the counsel are taken on record.

(3.) PETITIONER working as Receiving Supervisor in Hotel Centeur Srinagar Kashmir was allotted Flat No. 8 -D at Silk Factory Road Srinagar in August. 1989 for a period of one year or till he is posted at Srinagar (which ever earlier) on payment of rent. Though the allotment was not formally extended but the petitioner was allowed to continue in occupation of the flat hereto. Petitioner pleads that he has paid the rent ending March, 2000 vide Annexure C. D and E. Petitioner anticipating arbitrarily eviction and allotment of Flat to some other person, has come in writ to plead that he may not be evicted from the premises arbitrarily and illegally, as he continues in occupation of the premises on due allotment and has a right to be associated with the eviction proceedings which may be taken against him in due course of law.