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SANJAY DHAR
Chowdhary Nizam Ud Din Khatana – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
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 peti
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) Ac....
The central legal point established in the judgment is the temporary nature of the allotment and the petitioner's obligation to vacate the premises after his medical condition improved.
Temporary allotments do not confer a permanent right to occupy public premises, especially when circumstances for such allotment are no longer valid.
Prior notice is mandatory before eviction proceedings can be initiated under the Arunachal Pradesh Public Premises Act, ensuring adherence to principles of natural justice.
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