INDER LAL Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of mandamus to the respondents for his rehabilitation in the kiosk/tea stall and payment of compensation for the losses caused to him.

(2.) The case set up by the petitioner is that he has been running a dhaba and tea stall in a small Municipal khokha near Ved Mandir Complex, Ambphalla Jammu for the last more than three decades, which was only source of his livelihood and he was regularly paying rent to the respondents. It is alleged by the petitioner that in the year 2012-13, he was tried to be evicted from the said khokha, which compelled him to file a suit in the competent court, which came to be decreed in his favour on 28/3/2023.

(3.) It is allegation of the petitioner that the staff of Jammu Municipal Corporation-respondent no. 2, forcibly entered into and damaged his khokha on 2/8/2023, and he was tried to be dispossessed perforce without following due process of law and in violation of the aforesaid decree passed by the civil court in his favour. It is also contention of the petitioner that under the garb of rehabilitation, some articles from his khokha in question were shifted to a small khokha on Amphalla main road and thereafter the khokha in question, was completely damaged and destroyed by the respondents. He has also filed a contempt petition in the civil court.