Ex-Minister challenge Eviction Notice

HC order status-quo


Jammu, Aug 7: In a petition filed by Chairman JKNPP Harsh Dev Singh Ex-Minister seeking quashment of quashing Notice no. DDE/J/588-89 dated 31.07.2018 whereby the petitioner has been directed to vacate the Government Accomm-odation allotted to him. Justice Sanjay Kumar Gupta after hearing Adv Abhinav Sharma appearing for the petitioner issued notice to Advisor to Governor (with powers of Minister) Estates Department J&K, Commissioner Estate Dept, Director Estate Dept and Deputy Director Estate Dept to file objection within 10 weeks and ordered that in the meanwhile Status-quo shall be maintained.
During the course of hearing Adv Abhinav Sharma submitted that the petitioner remained Member of Legislative Assembly for 18 years from 1996 to 2014. The petitioner was a Cabinet Minister in the state government during 2002-2005. The petitioner was allotted a government accommodation situated at 6-A Gandhi Nagar, Jammu. The petitioner is a State awardee. He was conferred with State Award for Best Legislator 2001-2002. Vide Government order no. 1291-GAD- of 2004 dated:- 22.09.2004 regulation 4(e) of the Jammu and Kashmir Estates Department (Allotment of Govern-ment Accomm-odation) Regula-tion 2004 was amended and 5% discretionary quota was placed at the discretion of the Minister in charge Estates to allot accommodations to various persons including State Awardees.
The Chief Minister of J&K was the Minister in charge of the Estates Department as such the petitioner filed a representation before her stating there in that the petitioner was State Awardee and was not having any residence in Jammu city or anywhere else in the Jammu District and was therefore entitled to government accommodation.
The representation of the petitioner has not been decided till date and without deciding the said representation, impugned eviction notice has been issued against the petitioner. JNF

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