THAKUR RANDHIR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The appellant has filed the present intra-court appeal impugning the order dated 13.08.2018 passed by the learned Single Judge whereby the writ petition filed by him was dismissed.

(2.) The appellant had approached this Court seeking quashing of order No.DDE/J/620 dated 31.07.2018, whereby the appellant was directed to vacate the government accommodation bearing Flat No. 298-EP, Wazarat Road, Jammu. Prayer was also made to lease out the same to the appellant.

(3.) Assailing the order passed by the learned Single Judge, learned counsel for the appellant submitted that the learned Single Judge had failed to appreciate the real controversy involved in the case. There was patent error in the order issued by the Deputy Director Estates directing the appellant to vacate the government accommodation. It mentioned that the same had been allotted to the appellant as M.L.A. for fixed time period. It was factually incorrect. The appellant was M.L.A. for different periods only from 1962-77. Thereafter, he was not in active politics. The house in question was allotted to the wife of the appellant, while she was in service. She retired as Principal of Government College for Women, Jammu. The allotment was made in the year 1975. After her retirement, the same house was allotted to the appellant in the year 1993 as he did not have any other place to live in. The appellant never defaulted in payment of rent or violated any of the terms and conditions of the allotment. Till date, that allotment has not been cancelled. Hence, to seek eviction of the appellant is totally illegal.