USHA KHER Vs. STATE OF J&K

JUDGEMENT

(1.) A short submission made by the learned counsel appearing on behalf of the petitioner is that the respondents vide order No.DE of 2003 dated 25 -04 -2003 made an allotment of Set No.7 -K1, Poonch House, Jammu, to the petitioner initially on payment of rent under rules for a period up to October, 2003. The allottee, who happens to be an Inspector in the J&K Police Force, was also asked to execute necessary Licence deed with the Deputy Director Estate, Jammu. The possession of the quarter was handed over in pursuance of the allotment order to the petitioner, allottee. The petitioner continues to be in possession of the said quarter in pursuance of the said allotment order.

(2.) THE grievance of the petitioner is that the respondents are not accepting the rent and process of cancellation of the quarter allotted to the petitioner has been initiated without affording her an opportunity of being heard, which led the petitioner to approach the Court, seeking a direction in the nature of writ of mandamus, commanding the respondents to permit the petitioner to deposit the rent in respect of Quarter No.7 -K1 located at Poonch House, Jammu, allotted in her favour and also not to put an end to the allotment of the said quarter. The stand of the respondents in their reply is that the allotment of the quarter was made to the petitioner taking into account the health of her mother. It is further stated that the said allotment was made under the impression that the said quarter is from the non -move quota.

(3.) PETITION is admitted to be heard and taken up with the consent of the learned counsel appearing for the parties for final disposal.