SURINDER SINGH CHANNI Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, by filing the instant petition, has invoked extra ordinary writ jurisdiction of this Court under Article 226 of Constitution of India read with Section 103 of Constitution of Jammu of Kashmir, for issuance of writ of prohibition directing the respondents not to disturb his possession qua quarter No. O-2, Tulsi Bagh, Srinagar. He also seeks writ of mandamus directing the respondents to provide him security as well as a direction to the respondents to frame a fair and transparent policy with regard to providing of security to persons having threat perception.

(2.) Facts in brief, as stated in the petition, are that the petitioner, who is a senior political leader of Congress Party (General Secretary), had contested elections from Tral Constituency in 1996, 2002 and 2008, and as a sequel thereto he and his family faces serious threats. This forced him to move out of Tral. Despite he, being a political migrant, was not allotted any Government accommodation till 2006 and he, therefore resided in a rented premises. His request for allotment of Government accommodation keeping in view threat perception to him and his family was lastly acceded to vide Order No. 192-Est of 2006 dated 07.07.2006 allotting him Government accommodation in security zone bearing Quarter No. O-2, at Tulsi Bagh. It is also contended that some officials of Estates Department visited the residence of petitioner two-three times and asked him to evict the quarter, which has forced him to file present writ petition.

(3.) Heard learned counsel for the parties.