JAGJIWAN LAL Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Through the medium of the present writ petition, the petitioner has assailed the validity of Order No.DDE/J/620 dated 31.07.2018 passed by the respondent No.3 by virtue of which the petitioner has been asked to vacate the Government Quarter No.8-C,Gandhi Nagar, Jammu on the following grounds:

(2.) Facts giving rise to the filing of this petition briefly stated are that the petitioner has been allotted Govt. Quarter No.8-C,Gandhi Nagar, Jammu and the said allotment was made in favour of the petitioner vide Govt. Order No.22- Estt.of 2012 dated 12.01.2012. The said allotment, as a matter of fact, was the regularization of the earlier allotment of the petitioner which was originally made to the petitioner as ex.MLA/ex. Minister. As a matter of fact, the petitioner was given the said accommodation as a protected person because he was a member of the National Conference Party. It is further contended that the petitioner originally belongs to District Reasi and he has a parental house in the said district, i.e., Aghar Jitto which is a part of his political constituency also. So far as District Jammu or Jammu city is concerned, the petitioner does have any residential accommodation in his own name or in the name of any of his family member. The petitioner at present is residing in the said Govt.Quarter along with his family. It is also contended that pursuant to directions issued by this Court, the Estates Department has initiated a drive for vacating the government accommodations occupied by unauthorized occupants. So far as the petitioner is concerned, the petitioner does fall in the category of unauthorized occupant. He is a bona fide occupant as originally he is a resident of District Reasi and presently he does have any place of residence in District Jammu where he is staying for the last more than two decades and the said accommodation has been given to him in his capacity as Ex.MLA and as a sitting MLA and this is a recent allotment made to the petitioner as an MLA of the ruling party which now ceases to be in the Government. The petitioner has been enjoying the possession of the said accommodation even when his party was in resume. The petitioner otherwise also has a bona fide record as he has all along been paying the rent for the said Govt. Accommodation and there is no outstanding arrears against the petitioner. It is also stated that all of sudden the petitioner has been issued a Notice by the respondent No.3 vide No.DDE/J/618 dated 31.07.2018 by virtue of which the petitioner has been straightway asked to vacate the premises within a week's time, i.e., by or before 08.08.2018. The petitioner has been given any opportunity of being heard before giving the said notice of eviction. This notice of eviction has been issued to the petitioner without adopting the due course of law as it was obligatory on the part of the respondents to first serve the show cause notice to the petitioner for evicting him from the Govt. Quarter where he is residing for the last two decades along with his family. However, after receiving the said notice, the petitioner has made detailed representations to respondent Nos.2 and 3. In both the representations, the petitioner has specifically made a request that he does have any accommodation in Jammu and he will immediately vacate the said Govt. Accommodation as soon as arrangements of his accommodation in Jammu are made. The petitioner had already represented to one of the Advisors to His Excellency, the Governor of J&K State on 23.07.2018 and on the said representation of the petitioner the respondent No.2 has been asked for immediate examination of the case of the petitioner and for necessary action and the same is still under consideration, but without passing any order on the said representation, the order impugned has been issued by respondent No.3. Hence, the present petition.

(3.) I have heard learned counsel for the parties. From perusal of impugned notice, it would reveal that Deputy Director Estates, Jammu on 31.7.2018 has issued notice for vacating the accommodation Quarter no. 8-C, Gandhi Nagar, Jammu against the petitioner. The relevant extract of notice reads as under:-