LAWS(J&K)-2019-1-14

MANOHAR LAL Vs. STATE OF J&K AND ORS

Decided On January 11, 2019
MANOHAR LAL Appellant
V/S
State of JAndK And Ors Respondents

JUDGEMENT

(1.) Petitioner claims to be a Senior Active Leader and State General Secretary of SC/ST of BJP and belongs to Arnia Town, district Jammu.

(2.) The case of the petitioner is that his case for making formal allotment of Govt. Flat No. 18, Gandhi Nagar, Jammu, has been recommended by respondent No. 4 to respondent No. 3 for which till date an amount of Rs. 1,16,000/- has already been received by the respondents towards licence fee for the said quarters, but alas instead of making formal order of allotment in favour of the petitioner, vide impugned Communication No. DDE/)/ 199 dated 24.08.2018, the petitioner has been asked to prove his claim on the said accommodation, failing which, further proceedings in the matter (for eviction) shall be initiated. It is stated that the petitioner is a Senior Active Leader of Bhartiya Janta Party and is State General Secretary, SC/ST Cell of BJP and hails from Arnia Town, which town is continuously under the threat of firing from across the International Border and that he has no House/ accommodation in his name or in the name of any of his family members in the City of Jammu or in the vicinity of Jammu City. It is further stated that petitioner was is in dire need of an accommodation in Jammu City, as the petitioner, in connection with his political activities has to attend party meetings frequently mostly in the City of Jammu and sometimes at odd hours, so it is not possible for him to reach his home in Amia Town.

(3.) Learned counsel for the petitioner states that the petitioner applied to respondent No. 2-Director Estates, Jammu) for allotment of Govt. accommodation in Jammu City and the application of the petitioner was duly recommended by Dr. Devinder Kumar Manyal ,Member Legislative Assembly, Samba, vide his Letter No. DKM/MLAS/111 dated 16.03 2015 addressed to respondent No. 2 with the recommendation to consider the case of the petitioner for allotment of Govt. accommodation.