HC dismiss plea of Ex-Ministers challenging eviction notices
17/08/2018
JAMMU, Aug 16: State High Court dismissed the petition filed by Randhir Singh Thakur and Jagjiwan Lal both Ex-Ministers challenging Govt order whereby Govt asked to vacate the Government Quarter.
Justice Sanjay Gupta after hearing both the sides observed that it is evident that a person/allottee, who is an unauthorized occupant of the Government Accommodation for a long time, has no indefeasible right to be heard before issuing the order of eviction of public premises. So, the respondents were not duty bond to comply with the provisions of Sections 4 and 5 of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988. Further the petitioner instead of availing of statutory remedy of appeal under the Act has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India read with Section 103 of the Constitution of the Jammu and Kashmir under writ jurisdiction. This Court being the highest Court in the State has definitely come to the conclusion that the petitioner has failed to show any valid and reasonable cause to retain the Government Accom modation in question after the petitioner ceased to be Minister or Member of State Legislative Assembly.
No fundamental legal right has been violated in the present set of circumstances of the case. With these observations High Court dismissed both the petitions. JNF
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