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2022 Supreme(J&K) 173

SANJEEV KUMAR
Vessu Welfare Committee – Appellant
Versus
Relief and Rehabilitation Commissioner – Respondent


Appearing Counsel:
For the Petitioner(s):Mr. Zaffar Shah, Sr. Advocate with Ms. Humaira Shafi, Mr. A. Hanan, Mr. Salih Pirzada and Mr. S.F. Qadri, Advocates
For the Respondent(s):Mr. Z.A. Qureshi, Sr. Advocate with Ms. Rehana and Mr. Usman Gani, Advocates

Judgment :

WP(C) No.95/2021

This petition is primarily directed against the communication of respondent No.3 (Tehsildar Relief & Rehabilitation (Migrants), Srinagar) dated 17.01.2021 directing the SHO, P/S Qazikund, Kulgam to register an FIR against the petitioners for having entered upon and occupied the under construction quarters at Migrant Colony, Vessu, illegally. The petitioners, beside being aggrieved of the aforesaid communication, also seek a direction to the respondents to adopt a reasonable criteria for allotment of accommodation to the migrant employees appointed under Prime Minister’s Special Package for rehabilitation and return of the migrants to the Valley. The petitioners have also voiced their grievance against the manner in which the respondents have made the allotment of 200 and odd units that have come up at Transit Camp Vessu, District Kulgam.

2. The Department of Relief and Rehabilitation (respondent Nos.1 to 3) as also respondent No.4 (JK PCC Ltd.) have contested the writ petition. In the reply affidavit filed on behalf of Relief and Rehabilitation Department i.e respondent Nos. 1 to 3, their precise stand is that the petitioners, who are already having pre-fab

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