(1.) Two petitioners, one is working as Orderly and the other is working as Craft Teacher, were allotted Government residential quarters, i.e. E-10 in respect of Naseema Bibi on 29.09.2002 and E-16 in respect of Parveen Bibi on 20.04.2010 at DC Office Complex, Udhampur. Due to some unwanted interaction of these two people with the other inmates of the complex, law and order situation prevailed and Senior Superintendent of Police was asked to inspect and give a report and the report came against these two petitioners which resulted in an order of cancellation of the allotment by District Development Commissioner, Udhampur in his proceedings dated 17.11.2011 which reads as follows: <FRM>JUDGEMENT_35_LAWS(J&K)7_2016.htm</FRM>
(2.) That order has not been challenged. The order of cancellation remained thus. However, due to their request or their plea, they continued their occupation despite cancellation of the allotment. Then on 22.06.2016, the impugned order came to be passed by the Office of District Magistrate cum Deputy Commissioner Udhampur directing the petitioners to vacate Government quarters occupied by them illegally. Referring to the order of cancellation dated 17.11.2011, he came to the conclusion that despite the cancellation, for more than five years, they are illegally occupying the quarters and they are causing further nuisance and harassment to the other inmates. Left with no other alternative, a direction is issued by District Magistrate cum Development Commissioner to vacate the premises by following the procedure prescribed by law. On the basis of this plea, the present writ petition has been filed primarily contending that no notice has been issued to the petitioners. That plea has no basis whatsoever because the order dated 17.11.2011 which is primarily the order of cancellation of allotment has not been challenged by the petitioners. Therefore, their occupation was rightly held to be illegal. Such a person is not entitled to be given an opportunity of being heard. Nevertheless, indulgence of the department is a writ large inasmuch as they have failed to take action for five long years. It is only after a trouble started once again that the present order has been issued to vacate the quarters as per the procedure prescribed under the Rules. The Court finds no irregularity in the order. The counsel for the petitioners stated that they could be given an alternate accommodation. It is for these two petitioners to approach the department concerned for allotment of any other quarters, which may be available other than the one which are presently occupied by them illegally despite the order of cancellation dated 17.11.2011. The Court finds absolutely no merit in the challenge to this subsequent order dated 22.06.2016.
(3.) Writ petition is dismissed with liberty as above.