Jammu and Kashmir High Court
WP(C)/2347/2026 of SHAIN AKHTER Vs UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS on 31 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2347/2026 CM No. 5111/2026 Shain Akhter …..Appellant(s)/Petitioner(s) Through: Mr. H. A . Siddiqui, Advocate vs Union of India and ors. .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC Coram:
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2347/2026
CM No. 5111/2026
Shain Akhter
…..Appellant(s)/Petitioner(s)
Through: Mr. H. A. Siddiqui, Advocate
vs
Union of India and ors.
.…. Respondent(s)
Through: Mr. Vishal Sharma, DSGI with
Mr. Karan Sharma, CGSC
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
31.07.2026
1. The husband of the petitioner who was serving in CRPF has been declared as deserter in terms of order dated 14.11.2025. Thereafter, a notice came to be issued by the respondents in terms of Section 5 (1 and 2) of Public Premises (Eviction of Unauthorised Occupants) Act, directing the husband of the petitioner to show cause within a period of seven days, as to why he be not evicted from the Government Accommodation 193Type-Two, Group Centre Jammu, which was allotted to him on account of being on the rolls of CRPF.
2. The petitioner claims to have submitted a representation pursuant to the show cause notice mentioned above. Thereafter, the respondents directed the husband of the petitioner to evict the accommodation mentioned above within a period of 15 days from the date of issuance of notice i.e. by 05.08.2026.
3. Notice to the respondents. Serial No. 194
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4. Mr. Karan Sharma, CGSC waives notice.
5. Mr. H. A. Siddiqui, learned counsel for the petitioner has argued that the order impugned has been passed in utter disregard of principle of audi alteram partem and against the mandate of the Act (supra).
6. Per contra, Mr. Vishal Sharma, learned DSGI has submitted that the petitioner has no right to remain in occupation of the premises allotted to the husband of the petitioner on account of being a member of CRPF, as such, the present petition is utterly misconceived. He has further submitted that in fact no opportunity of hearing was required to be provided to the petitioner in particular and due notice was issued to the husband of the petitioner and thereafter the order of eviction was passed.
7. Heard.
8. This is an admitted fact that the husband of the petitioner has been declared deserter in terms of order dated 14.11.2025, meaning thereby, that despite being declaration of the husband of the petitioner as deserter, the wife of the petitioner has continued to remain in occupation of the premises in question for almost 8 months.
9. This Court is of the considered view that the petitioner has no right whatsoever to remain in occupation of the premises in question as the residential accommodation was provided to the husband of the petitioner on account of being a member of CRPF but as he has been declared as deserter, the petitioner cannot maintain this petition.
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10. Accordingly, the present petition is dismissed and the petitioner is granted a period till 30.09.2026 to vacate the premises in question that too on the humanitarian grounds.
(RAJNESH OSWAL)
JUDGE
Jammu 31.07.2026 Neha-II
NEHA KUMARI 2026.07.31 17:41 I attest to the accuracy and integrity of this document