JANTA DAL Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal filed under Claus 12 of the Letters Patent calls in question the judgment and order dated 25.11.2012 rendered by the learned Single Judge dismissing OWP no. 792 of 2006.

(2.) It appears that one Mr. Sanjesh Gupta, one time State Wing President of Janta Dal (United) was allotted the premises in question. On the allegations that provisions of Rule 14 of the Jammu and Kashmir State Evacuees (Administration of Property) Rules, Svt. 2008 (for brevity the Rules), has been violated a show cause notice was issued to him as to why the allotment be not cancelled. The show cause notice spelt out the allegations that he had sublet the premises and was earning rent from the sub-tenant which violated Rule 14. The show cause notice was duly served upon him and it was also pasted on the main door of the premises in question which is one of the stipulated modes of service under the rules. Sh. Sanjesh Gupta did not chose to send any reply to the show cause notice which resulted in passing of eviction order dated 13.08.2005. The operative part of the order reads as under:

(3.) Sh.Sanjesh Gupta did not question the eviction order before the prescribed authority under the J&K Evacuees (Administration of Property) Act, Svt. 2006. However, he preferred a civil suit seeking permanent prohibitory injunction restraining the Evacuee Property Department from evicting him from the premises in question. During the pendency of the civil suit, Sh. Sanjesh Gupta, ex president of State Wing of Janta Dal (United) died and the present appellant did not prosecute the suit.