MST. ZAINA BEGUM Vs. STATE OF J&K

JUDGEMENT

(1.) This petition is primarily directed against the action initiated by respondent No.3 under the provisions of the Jammu & Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988 (hereinafter referred to as "the Act") for the eviction of the petitioners from the Government accommodation, i.e., Flat No.10-S, Tulsi Bagh, Srinagar. Although, the petitioners have not specifically called in question the notice of eviction issued by respondent No.3 including the show cause notice issued under Section 4 of the Act on 12.09.2017, yet the petitioners have sought issuance of directions which, if granted, would have the effect of restraining the respondents from proceeding against the petitioners under the Act for seeking their eviction.

(2.) The facts, as projected by the petitioners in this petition, are that the predecessor-in-interest of the petitioners, namely, Sh. Ghulam Nabi Yatoo who was a political worker having allegiance to CPI (M) was allotted government accommodation, i.e., Flat No.10-S, Tulsi Bagh, Srinagar vide Government Order No.296 of 1999 dated 25.10.1999. The allotment was initially for a period of one year. The said Sh. Ghulam Nabi Yatoo died in the year 2012 leaving behind the petitioners as his legal heirs. It is submitted that after the death of Sh. Ghulam Nabi Yatoo, the petitioners being his legal heirs were permitted to occupy the aforesaid quarter, though no specific order in their favour was made. The petitioners also claim to have applied for formal allotment of the quarter in question on security grounds and respondent No.3 vide his communication dated 18.07.2012 forwarded the request of the petitioners to respondent No.2 but no order for formal allotment in favour of the petitioners was issued, nor their application was rejected by any formal order. It is, thus, stated that the petitioners continued to be in possession of the quarter in question and paid the monthly rent regularly. The petitioners, however, were served with a show cause notice dated 12.09.2017 issued by respondent No.3 under Section 4 of the Act, calling upon them to produce documentary or other evidence within a period of seven days from the date of issuance of notice to prove that they had been duly authorized to occupy the flat in question. The petitioners responded to the aforesaid show cause notice by submitting their written reply. The possession of the quarter in question was sought to be justified by the petitioners on the ground that though there is no formal allotment in their favour, yet in view of threat perception, they cannot be treated to be unauthorized occupants liable to eviction.

(3.) On the basis of aforesaid averments the petitioners claim that the respondents without further proceeding and declaring them as unauthorized occupants by following the procedure laid down under the Act are threatening their eviction and, therefore, they have been left with no other option but to approach this Court to safeguard their right to life and liberty guaranteed under Article 21 of the Constitution of India.