Jammu and Kashmir High Court
WP(C)/3018/2022 of MUSHTAQ AHMAD RATHI Vs UNION TERRITORY OF J AND K AND ORS. (ESTATES DEPARTMENT) on 31 December 2022
No. 51 Supplementary Cause List 1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 3018/2022 CM No. 7580/2022 Mushtaq Ahmad Rathi. … Petitioner(s) Through: Mr. T.A. Lone, Advocate. Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Sajad Ashraf, GA.
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT SRINAGAR
WP(C) No. 3018/2022
CM No. 7580/2022
Mushtaq Ahmad Rathi.
Through: Mr. T.A. Lone, Advocate.
… Petitioner(s)
Vs.
Union Territory of J&K and Ors. ...Respondent(s)
Through: Mr. Sajad Ashraf, GA.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
31.12.2022
This writ petition is aimed against the order no. DDES/Vac/2022/3221 dated 10.12.022 issued by the Deputy Director Estates Kashmir, Srinagar to the petitioner on account of his superannuation from the service with effect from 28.02.2022, in terms whereof the petitioner has been called upon to vacate the government accommodation held by him post his retirement in terms of the aforesaid communication.
The petitioner was required to vacate the premises within a period of two days failing which eviction proceedings were to set into course against the petitioner. The petitioner submits that for enabling him to complete the post retirement service related formalities, the occupation of the allotted quarter ought to have been allotted in his favour for another six months by the respondents.
This Court finds no illegality on the part of the respondents in putting the petitioner to notice for eviction of the government quarter within time given. This writ petition is thus dismissed. However, this Court directs the petitioner to vacate the accommodation in reference within a period of two months expiring on 28.02.2023, failing which the petitioner shall be liable suffer penal consequences for overstaying in the government accommodation as envisaged under the Public Premises (Eviction of Unauthorized Occupants) Act 1988.
A copy of this order be forwarded by the Registrar Judicial Srinagar to the Deputy Director Estates Kashmir, Srinagar for notice.
(RAHUL BHARTI) JUDGE
SRINAGAR 31.12.2022“Hamid”