S P SHARMA Vs. FAROOQ ABDULLAH

JUDGEMENT

(1.) THE petitioner claims to be a senior correspondent of "THE TRIBUNE", an English Newspaper, published from out of the State. He also claims that he belongs to Dogra region therefore; he is interested in protecting the interest of Dogra Community. He has prayed for a writ of certiorari as also for mandamus. The dispute raised in the writ petition relates to allotment of complex situated at Old Secretariat and is popularly known as "Pink Hall".

(2.) BRIEF resume of the facts, as averred in the petition, necessary for the determination of the controversy raised, is given here -in -below -

(3.) IT is stated that Dogra Art Gallery is sought to be dislodged from the Pink Hall by respondent No. 1 who is the Chief Minister of the State, to injure the feelings of Dogra Community. The Dogra Art Gallery is said to have been located for 32 years in the corridor of Gandhi Bhawan, Jammu. near new Secretariat. From that place it is stated to have been shifted to the Pink Hall. On 2nd of August. 1986, respondent No. 6. who is Curator, Dogra Art Gallery, Jammu, is said to have occupied the Pink Hall for Dogra Art Gallery. Respondent No. 1 is said to be related to respondent No. 3, who in the Advocate General of the State and who was brought from Delhi for being made Advocate General of the State and to oblige the said Advocate General, respondent No. 1 is said to have started to grant such privileges on the respondent No. 1 which hither -to before were not conferred on any of his predecessor -in -office. One of the privileges conferred on respondent No. 3 is allotment of Pink Hall which has injured the sentiments and feelings of the Dogra Community because as a consequence of this allotment Dogra Art Gallery is dislodged from Pink Hall. It is further averred that the Pink Hall was renovated at the cost of Rupees three lacs and, thereafter, it could not be allotted to the Advocate General for his office. The Advocate General has under his occupation at present four rooms which are sufficient to accommodate his office and if he was to be given more space for his office, the Pink Hall should not have been allotted to him. It is averred that Dogra Art of Jammu region as also of Basohli has been preserved for the general public and it is the heritage of Dogra community, therefore, in its preservation, the Dogra community has a deep interest. The petitioner being a member of the community has taken it as an insult to Dogra community to shift Dogra Art Gallery from Pink Hall and respondent No. 6 is sought to be thrown out from the said Hall which has touched the sentiments of the Dogra community.