Serial No. 103

Admission List

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

(Through Virtual Mode)

WP(C) No. 1171/2020

CM No. 2847/2020

Abdul Ahad Dar

….. Petitioner(s)

Through: -

Mr. Shah Ashiq, Advocate

V/s

UT of JK and Ors.

….. Respondent(s)

Through: -

Mr. Rais-u-Din Ganai, GA

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge

(ORDER)

20.04.2021

The subject matter of the instant writ petition is notice, issued by the

President Municipal Committee, Devsar, asking the petitioner to evict the

unauthorized occupation of the premises, failing which necessary action will

be taken. Show cause notice cannot form the basis for petitioner to file the

writ petition, as settled by this Court and Hon’ble the Supreme Court in case

State of UP V. Brahm Datt Sharma reported as (1987) 2 Supreme Court

Cases 179. Para 9 of the said Judgment being relevant is extracted as under:-

< The High Court was not justified in quashing the show cause notice.

When a show cause notice is issued to a Government servant under a

statutory provison calling upon him to sh