GHULAM QADIR MIR Vs. UT OF J&K

JUDGEMENT

(1.) By the medium of the present petition filed under Article 227 of the Constitution of India, the petitioner challenges the order/communication dtd. 31/1/2022 passed in appeal filed under Sec. 12 Sub-sec. (1) of Jammu and Kashmir Public Premises (Eviction of the unauthorized Occupants) Act, 1988, whereby the petitioner herein has challenged the eviction notice dtd. 29/12/2021 issued by the Director Estates, J&K Government.

(2.) It is averred in the petition that the communication dtd. 31/1/2022 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. Learned counsel for the petitioner submits that the impugned communication has been issued by an incompetent officer i.e., Reader to the District Magistrate whereas in terms of Sec. 12 of the Act, the appeal filed by the petitioner is required to be adjudicated by respondent no.5. Learned counsel for the petitioner further submits that the notice impugned is against the provisions of law. It is 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.

(3.) Learned counsel for the petitioner submits 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.