The appellate authority has the power to stay eviction orders until the appeal is heard and decided, as per Section 12 of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act 1988.

JUDGMENT

Sanjay Dhar, J. - The petitioner has challenged the show cause notice bearing No. 133-38/mm/Qtr dated 05.12.2022, along with Notice of Eviction bearing No. 152-53/mm/Qtr dated 17.12.2022, issued by respondent No.4, as also the impugned order of allotment bearing No. CDA/PA/2022-2023/2764-68 dated 26.11.2022, issued by respondent No.3. A further direction has been sought upon the respondents restraining them from giving effect to the impugned orders.

2. It is case of the petitioner that he has been allotted quarter No. 02 situated at the Housing Colony Khanabal, Anantnag, because of his association with the main stream politics. It has been further submitted that the notice of eviction of the petitioner from the aforesaid premises was issued by respondent No.4, to which he filed his reply. It is contended that without considering the said reply, respondent No. 04 has issued the impugned notice of eviction. It has been submitted that the petitioner has assailed the said order by way of appeal before respondent No.2 who has transferred the same to respondent No.3. It has been further submitted that without deciding the said appeal, the respondents are out to dispossess the petitioner from the aforesaid quarter.

3. Learned counsel for the petitioner has contended that in terms of Section 12 of Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act 1988, the appellate authority has the power to stay the eviction order until the appeal is heard and decided but in this case, no such order has been passed by the appellate authority, despite the petitioner having made a request to this effect. It has been also contended that in case the petitioner is evicted form the aforesaid quarter, his appeal will be rendered infructuous.

4. Having regard to the nature of controversy involved in this case, the instant petition is disposed of with a direction to respondent No.3 decide the appeal of the petitioner within a period of ten days from the date a copy of this order is placed before the said respondent or in the alternative to take a decision on the request of the petitioner for staying of the eviction notice. Till such time, a decision is taken by respondent No. 3, the petitioner shall not be evicted from the aforesaid quarter No.2 situated at Housing Colony Khanabal, Anantnag.

5. Disposed of.

6. Copy of this order be provided to the learned counsel for the petitioner.