Excelsior Correspondent
JAMMU, Feb 24: High Court has dismissed the petitions of former Ministers Yogesh Sawhney and Ajay Sadhotra and ex-MLC Ashok Sharma challenging the eviction notice issued by the Estates Department.
After hearing Senior Advocate MK Bhardwaj and Advocates Ajay Vaid, Ajay Sharma and VB Gupta for the petitioners whereas Advocate General Jehangir Iqbal Ganai with Govt Advocate Ahstam Bhat for the State, Justice Alok Aradhe observed, “the petitioners do not have any legal right to retain the Government accommodations. In the absence of any legal right, the petitioners cannot seek writ of mandamus”, adding “the Supreme Court in S D Bandi’s case has held that it is unfortunate that the employees, officers, representatives of people and other high dignitaries continue to stay in the residential accommodation provided by the Government though they are no longer entitled to such accommodation”.
“Many of such persons continue to occupy residential accommodation commensurate with the office(s) held by them earlier and which are beyond their present entitlement. The unauthorized occupants must recollect that rights and duties are correlative as the rights of one person entail the duties of another person similarly the duty of one person entails the rights of another person”, Justice Aradhe said.
“The unauthorized occupants must appreciate that their act of overstaying in the premises directly infringes the right of another. No law or directions can entirely control this act of disobedience but for the self-realization among the unauthorized occupants”, High Court further said.
With these observations, High Court dismissed the petitions.
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