HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT SRINAGAR

Reserved on 22.12.2022

Pronounced on 09.02.2023

OWP No. 672/1998

P. N. Sharma (deceased)

Through his legal representatives

.....Appellant/Petitioner(s)

Through :- Mr. R. A. Jan, Sr. Advocate with

Mr. Taha Khaleel, Advocate

v/s

Union of India and Ors.

.....Respondent(s)

Through :- Ms. Shagufta Maqbool, Advocate vice

Mr. T. M. Shamsi, DSGI for-1

Mr. Shahbaz Sikander, Adv. for R-2 to 5

Coram:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1.

The petitioner has filed the instant writ petition seeking a declaration that

his eviction from the shop-cum-residential premises bearing No. 5 situated

at Saddar Bazar, Badami Bagh Cantonment, Srinagar is illegal, arbitrary

and violative of constitutional guarantees. A further direction asking the

respondents to restore the aforesaid premises to the petitioner has also

been sought. Several other reliefs have also been prayed for in the writ

petition including the one regarding lodging of FIR against the responsible

persons for committing criminal trespass.

2.

It is pertinent to mention here that during the pendency of the petition, the

petitioner passed away and his legal heirs were brought on record in terms

of order dated 12.12.2007 passed by this Court.

2 OWP No. 672/1998

3.

As per the case of the petitioner, he was allotted shop-cum-residential

premises bearing No. 5 by the respondent-cantonment board and he was

enjoying the use and occupation of the said premises for about five

decades on the mutually agreed terms and conditions including payment of

rental etc. It is averred in the petition that the petitioner alongwith his

family has been residing in the said premises and carrying on trade and

business from there. It is also averred that the petitioner has been paying

rentals as per the agreed terms.

4.

According to the petitioner, due to his failing health, he executed attorney

in favour of his sons, namely, Mr. V. K.Sharma and Mr. Vijay Sharma for

the purpose of running the business from the premises in question. It has

been stated that when respondent No. 4 took over as Executive Officer of

the Cantonment Board, he unilaterally enhanced the rentals by 150% to

600%. This was protested by the Traders and Merchants Association,

Saddar Bazar, Badami Bagh Cantt. Srinagar through its President, Vijay

Sharma, who happens to be the son of the petitioner and writ petition

bearing OWP No. 1129/1997 came to be filed by the association. It is

alleged that even after passing of a status quo order by this Court,

respondent No. 4 persisted with the coercive measures against the

members of the association including the petitioner.

5.

It is further alleged that after the onset of militancy, when for security

reasons, entry/security passes became mandatory, respondent No. 4

resorted to withholding of renewal of security passes so as to force the

members of the association to deposit the rentals at the enhanced rates

despite order of status quo passed by the this Court. Even the supply of the

3 OWP No. 672/1998

electric energy to the entire area constituting Saddar Bazar market, B. B.

Cantt, Srinagar was disconnected.

6.

The above actions of the respondents are stated to have compelled the

members of the market association to file another writ petition bearing

OWP No. 44/1998 before this Court, in which certain directions were

issued to the respondent No. 4 for completing the process of renewal of

security/entry passes within a week‟s time. The said order, according to

the petitioner, was not complied with by respondent No. 4, as a result of

which, a contempt petition was filed before this Court. It has been further

submitted that because of withholding renewal of securit