Excelsior Correspondent
JAMMU, Aug 16: State High Court has dismissed the petitions filed by Thakur Randhir Singh and Jagjiwan Lal, both ex-Ministers challenging Govt order whereby they have been asked to vacate the Government quarters.
After hearing both the sides, Justice Sanjay Gupta observed, “a person/allottee, who is an unauthorized occupant of the Government accommodation for a long time, has no indefeasible right to be heard before issuing the order of eviction of public premises”.
“So, the respondents were not duty bound to comply with the provisions of Sections 4 and 5 of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988. Further the petitioners instead of availing of statutory remedy of appeal under the Act has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India read with Section 103 of the Constitution of the Jammu and Kashmir under writ jurisdiction”, High Court said.
“This court being the highest court in the State has definitely come to the conclusion that the petitioners have failed to show any valid and reasonable cause to retain the Government accommodation in question after the petitioners ceased to be Minister or Member of State Legislative Assembly”, Justice Sanjay Gupta said, adding “no fundamental legal right has been violated in the present set of circumstances of the case”.
With these observations, High Court dismissed both the petitions.
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