AB HAMID AFRAIDI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS petition for the issuance of writ of certiorari is in respect of the order of the Custodian Jammu as also the Custodian General dated 11 -12 -1971 and 4 -1 -72 respectively. The petition has been presented in the following circumstances: -

(2.) A garage attached to house No. 239 -B. C. at Panibaktar road Jammu, an evacuee property, was originally allotted to the petitioner in the year 1967 by the Custodian Evacuees Property Jammu following a rent deed executed by the petitioner in favor of the Custodian. The petitioner has averred that the said garage continued to remain in his occupation as lessee at monthly rent of Rs. 15/ - up till the end of December 1971. Respondent No. 1 wanted to dispossess the petitioner from the said garage. He therefore approached the General Department which directed the then Custodian to ask the petitioner to vacate the garage But the Custodian being aware of the provisions of Rule 14 of the Jammu and Kashmir State Evacuees (Administration of property

(3.) RULES did not oblige the respondent No. 1. He wrote back to respondent No. 1 that the petitioner could not be asked to vacate the said garage as he had not violated any such rule (vide Annexure A). Thereafter respondent No. 1. "exercising his official position acted in collaboration with respondent No. 3 and sought to eject the petitioner from the said garage. It is further averred that the respondent No. 1 had no authority to eject the petitioner from the garage. He however pressurized respondent No. 2 who without exercising his discretion in the matter preceded to evict the petitioner on the basis of Government Order No CD (E) 70 -16/Allot dated 8 -10 -1970. The petitioner was asked to vacate the garage by means of a notice dated 11 -12 -1971 which was served upon the petitioner on 17 -12 -1971 at 9 -30 A. M. The petitioner preferred revision petition against the order of the Custodian before the Custodian General, who, however, dismissed the same. Hence the present writ.