Srinagar, Mar 06: The High Court of Jammu & Kashmir and Ladakh stayed eviction orders issued by government against former legislators directing them to vacate government accommodation at government Housing Colony, Khanabal, Anantnag
The court stayed the eviction orders issued against ex-MLAs, Abdul Majeed Bhat and Mohammad Altaf Wani for vacating government quarter No. 6 and Quarter No. 1 situated at government Housing Colony, Khanabal, Anantnag.
A bench of Justice Wasim Sadiq Nargal also issued a notice to the respondents in a plea challenging the eviction orders passed on February 25, this year.
The bench directed the authorities to file objections to the plea within four weeks.
“In the meanwhile, subject to objections and till next date of hearing before the bench, the impugned eviction orders dated 25th February, 2023, mention supra, passed by the respondent no. 4 (Executive Magistrate 1st Class Anantnag) as also the Order dated 28th February, 2023, passed by the District Magistrate, Anantnag, (respondent no. 2) shall remain stayed,” the court said while posting the matter for hearing on May 2.
The plea filed by the former legislators stated that respondents have full knowledge about the threat perception of the petitioners, yet the respondents, in most mechanical and arbitrary manner, have issued the eviction orders on February 25, this year.
The counsel, A.H Naik representing the petitioners submitted that the respondents without considering the threat perception as conveyed by Senior Superintendent of Police (SSP), District Police HQrs , Anantnag vide his communication on November 9, 2022, to the Deputy Commissioner, Anantnag, have issued the evictions orders.
He pleaded that the petitioners have been discriminated against and singled out, while other similarly situated persons have been allowed to continue the possession of their accommodation and no eviction orders till date have been issued against those persons.
The counsel argued that due to the action on the part of respondents, the petitioners have been met with “hostile discrimination” and have been “singled out” without any justifiable cause.
He contended that even the concerned District Magistrate while rejecting the appeals of petitioners has not bothered to accord consideration to the threat perception of the petitioners which continued to be existing in their favour in the light of latest police report and even the order passed by the Appellate Authority cannot sustain the test of law.
The counsel submitted that the petitioners are not unauthorized occupants of their respective quarters, but the said accommodations have been provided to them strictly in conformity with the rules which were in vogue at the time the allotments were made in their favor.
The court after hearing the counsel and perused the material on record said that prima facie, case for indulgence of the court is made out and issued notice to the respondents.
