SABIR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) SABIR Hussain, petitioner, has filed this petition to seek a command of mandamus to the respondents to release the migrant relief in terms of money and ration with retrospective effect from July, 1998, in favour of the petitioner on the same analogy as was adopted in case of other migrants. Background facts:

(2.) THE petitioner, a resident of Gadvail, a highly militancy infested area of District Anantnag, was compelled to migrate alongwith his family from his native village under threat perception. He settled at village Nud Amli of Tehsil Samba in District Jammu and started putting up in a hut. His registration as migrant was regularized after the receipt of threat perception certificate No.CID/ORG -1/97 -6972 dated 23.08.1997 from Inspector General of Police, C.I.D., Jammu. Verification was thereafter carried out and a ration card was issued to the petitioner, who started receiving relief including ration for his destitute family. This, however, continued only upto June, 1998. The stoppage of the migrant relief started telling upon the miseries of the sourceless family of the petitioner which then comprised of nine souls. The relief authority, in order to consider the request of the petitioner to continue providing relief to him, started re -verification as to whether or not the petitioner and his family had migrated. The case of the petitioner appears to have been cleared by C.I.D., Kashmir, when it, vide its No.CID/MR/MIG/3832 dated 08.01.2001 informed the authorities that the petitioner could not be located on his address in Kashmir valley. Petitioners grievance, in nutshell, is that for the last more than five years, petitioner has been deprived of the relief, which was being paid to the persons similarly situated and all this had happened because of the inaction of the respondents.

(3.) THE respondents admit the provisional registration of the petitioner as migrant for nine souls under political category. Their case, as projected in the objections filed through Relief Commissioner (M) Jammu, is that the Relief benefits were stopped to the petitioner and his family, pending receipt of information authenticating migration of the family of the petitioner under threat perception by the Criminal Investigation Department. It is admitted by the respondents that although the C.I.D. had indicated that the petitioner could not be traced on his address in Kashmir valley, yet no information was received from the department as to whether the petitioner had migrated from the valley. Relief Commissioner (M) Jammu, has, pursuant to the interim direction of this Court, passed communication No.RCM/Legal/1523 -31 dated 26.05.2005, wherein it has been stated that continuation of migration registration of the family of the petitioner shall be considered after authentication of migration of the family of the petitioner under threat perception by the C.I.D. and physical verification that the family resides in Jammu. Submissions On behalf of petitioner: