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ALI MOHAMMAD MAGREY, MOHD. AKRAM CHOWDHARY
Abdul Rahim Rather – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.-
Petitioner, a former Legislator challenges the impugned notice bearing No. DDES/Pvt. House/2016/681-82 dated 06.04.2016, in terms whereof he has been asked to vacate the Government accommodation by or before 15th April, 2016, failing which action as warranted under rules shall be taken without any further notice. Petitioner seeks quashment of the notice by allowing the writ petition with further direction to allow him to retain the accommodation.
Brief facts relevant for disposal of the writ petition are detailed out as under:-
(ii) Petitioner after the dissolution of Assembly in the year 1990, claims to have shifted to his village Badipora, Tehsil Chadoora, District Budgam, but he along with his family had a narrow e
The competent authority has the discretion to make subjective decisions based on threat perception and government accommodation, and the scope of judicial review in such matters is limited.
Eligibility for government accommodation retention requires compliance with specific transfer conditions; court upheld eviction of Kashmiri Migrants not meeting these criteria, affirming equal treatm....
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
The court held that a retired employee claiming retention of government accommodation as a Kashmiri migrant failed to meet eligibility due to ownership of alternative property, highlighting strict ad....
Point of law: Framing a Scheme, under which the petitioner is not eligible, the plea that similar directions need to be issued to Airports Authority of India, is unmerited and is rejected.
Second writ petitions are not maintainable if the previous petition was withdrawn without permission, and former members of the legislature have no vested right to retain government accommodations af....
Out-of-turn government accommodation allotment under exigency must be by House Allotment Committee per rules; arbitrary executive directions bypassing procedure illegal, violative of equality and rul....
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
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