GHULAM NABI SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal is wholly ill advised, which has been preferred under Clause 12 of the Letters patent challenging the judgment and order dated 25.04.2011 passed by a Learned Single Judge of this Court. Holding that residential accommodation was allotted to the petitioner-appellant for a period of one year vide order dated 17.06.2003 (Annexure A1). The aforesaid order came to an end after the expiry of the period of one year i.e. 16.06.2004. It is appropriate to notice the allotment order No.314 DE of 2003 dated 17.06.2003, which reads thus:-

(2.) THE stand of the respondents has consistently been that the writ petitioner-appellant is not covered by any of the categories contemplated by rules and in 2003 he was given a Flat for a period of one year out of the discretionary quota because he had contested election to the State Legislative Assembly and the situation in the valley was disturbed. Respondents have also refuted the claim that he had any risk to his life at his native village and that his house was set ablaze. Accordingly, he has been regarded as a protected person. The period for which he was allotted accommodation had already expired. In 2009 he was given Flat No.9-C Silk Factory Road, Srinagar provisionally by Deputy Director Estates, Kashmir subject to the issuance of formal allotment order by the Director Estates. When the matter was taken up with the Director Estates-respondent No.2, it did not meet his approval.

(3.) ACCORDINGLY , we find that the view taken by the learned Single Judge does not suffer from any legal infirmity warranting interference of this Court.