Excelsior Correspondent
Srinagar, Mar 6: The High Court today stayed the eviction of two National Conference (NC) former legislators from the Government Quarters in Anantnag.
The former MLAs of NC Abdul Majeed Bhat (Larmi) and Mohammad Iqbal Wani had challenged the eviction notices issued by the authorities from the Government Quarter Nos. 6 and 1 situated at Housing Colony Khanabal area of district Anantnag.
Their Senior Counsel A H Naik submitted before the court that despite having full knowledge about the threat perception to the petitioner Larmi and Wani the authorities have issued notice of eviction from the Government Quarters in which they are presently residing.
“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 as also the Order dated 28th February, 2023, passed by the District Magistrate, Anantnag, shall remain stayed”, Justice Wasim Sadiq Nargal directed.
The eviction notices have been issued to the petitioners dated 25th February, 2023 whereby they have been directed to be evicted from the Government Quarter No. 6 and Quarter No. 1.
The senior counsel for the petitioners vehemently argued that the Senior Superintendent of Police, District Police HQrs , Anantnag has already forwarded list of persons who have the threat perception and has communicated in this regard to the Deputy Commissioner, Anantnag, vide his Communication No. CS/08/2022/19631 dated 09.11.2022.
He has further argued that without considering the threat perception as conveyed by the SSP, Anantnag vide letter mentioned supra to the Deputy Commissioner Anantnag, the Executive Magistrate 1st Class Anantnag has issued Notices on 26th November, 2022, to the petitioners which were challenged by them in the earlier round of litigation by way of filing writ petitions and the said writ petitions.
It was further pleaded that the respondents without considering the threat perception as conveyed by SSP, Anantnag, vide his Communication dated 9 November, 2022, to the Deputy Commissioner, Anantnag, have issued the impugned evictions orders dated 25th February, 2023, by virtue of which, the petitioners have been discriminated 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.
“Senior counsel further argued that due to the impugned action on the part of respondents, the petitioners have been meted with hostile discrimination and have been singled out without any justiciable cause as even the concerned District Magistrate, while rejecting the appeals 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”, Court added.
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