V. KAMESWAR RAO, J.

1. The present appeal has been filed against order dated August 19, 2016 passed by the learned Single Judge in Writ Petition (Civil) No. 5886/2016 and CM No. 24201/2016 whereby the learned Single Judge has dismissed the petition, being without merit.

2. The appellants, who are three in numbers and are the estranged wife and sons of Mr. Omar Abdullah, the Ex-Chief Minister of Jammu & Kashmir filed the writ petition seeking directions against the respondents not to evict them from the premises bearing No.7, Akbar Road (Type-VIII) Bungalow, New Delhi on security grounds or in the alternative to allot a suitable government accommodation to them on security grounds wherein the officers of the Z plus category security can effectively protect them. They had also made a prayer in the writ petition that if the Court decides that the appellants are entitled to be allotted any other suitable accommodation other than the premises bearing No. 7 Akbar Road, New Delhi then direct the respondents not to evict the appellants from the said premises till suitable accommodation is allotted to them.

3. It was the case of the appellants before the learned Single Judge that the three appellants are enjoying Z and Z plus security. The accommodation was allotted to the husband/father of the appellants on November 22, 1999 when he was holding the post of Minister of State for Commerce and Industry and they have been living in the said bungalow since then. It was their case that they have been staying in the bungalow even during the time when Mr. Omar Abdullah was not holding any government office. By asking them to vacate the aforesaid bungalow, the Government is harassing them. They being the Z and Z plus protectees, there is a round the clock vigil required for their security; there are 94 personnel who are deputed at the afore noted bungalow to look after their security; 10 cars have been deputed for their security which includes three bullet proof vehicles. Large security lights and barrack for the 41 personnel permanently living in the bungalow besides four guard towers and two guard towers on the roof top are located in the accommodation and the direction to vacate, is against their interest.

4. The case of the respondent No.1 Ministry of Urban Development was that the guidelines for discretionary allotment of General Pool Residential Accommodation, New Delhi is governed by OM dated November 17, 1997. Vide a subsequent OM dated December 27, 2000, it has been declared that no government accommodation will be allotted to any private person on any security considerations except to SPG protectees. Mr. Omar Abdullah was allotted the said bungalow on November 22, 1999 while he was holding the post of Minister of State for Commerce and Industry. Vide communication dated September 9, 2015, the said premises was placed at the disposal of Government of Jammu & Kashmir retrospectively with effect from August 11, 2009. Mr. Omar Abdullah assumed the charge of Chief Minister for the State of Jammu & Kashmir in January 2009 and he occupied the premises with his family in his capacity as the then Chief Minister. He has admittedly demitted the said office in January, 2015. The appellants are not entitled to retain the bungalow which has now to be allotted to the new Chief Minister of Jammu & Kashmir. It is reiterated that the appellants are admittedly Z and Z plus protectees but no government accommodation can be allotted to any person on security considerations except to SPG protectee.

5. The respondent No.3 Ministry of Home Affairs has taken a similar stand before the learned Single Judge that the security arrangements for the appellants have to be done as per the Yellow Book issued by the said Ministry. The appellants are not Central protectees i.e their security protection categorization has not been done by the Central Government. In other words, they have to be protected by the State of Jammu & Kashmir. It was also the stand of the