MADAN MOHAN BHARGAV Vs. CANTONMENT BOARD, JAMMU

JUDGEMENT

(1.) PETITIONERS are tenants of Contonment Board from 1990. They allege that at the time of induction as tenants the Contonment Board charge Pagriâ„¢ from them ranging from Rs.50, OOO/ - to 1,50lacs. They further submit that Section 4 of the J&K Houses & Shop Rent Control Act was violated by charging Pagri. They further submit that some of them have filed applications u/s 8 under the House and Shops Rent Control Act before the Rent Controller and are pending before the Rent Controller. That inspite of these proceedings being pending, respondent moved the Court of Judicial Magistrate under Section 259, who took cognizance of the matter and issued order on 28.4.1994,15.4,1994 and 13.4.1994 and also issued warrants of recovery against the petitioners.

(2.) THESE warrants have been challenged by the petitioners in this petition.

(3.) IN the first instance this Court would like to say that all the petitioners have independent cases, though point of law may be same, yet they have filed only one petition. This practice needs to be checked.