Abdul Ahad Dar vs Ut Of Jk And Ors
2021 Latest Caselaw 459 j&K/2

                                                                   Serial No. 103

                                                                  Admission List


         IN THE HIGH COURT OF JAMMU AND KASHMIR
                       AT SRINAGAR

                            (Through Virtual Mode)


                                                        WP(C) No. 1171/2020
                                                         CM No. 2847/2020

Abdul Ahad Dar
                                                                    ..... Petitioner(s)
                                  Through: -
                           Mr. Shah Ashiq, Advocate

                                            V/s

UT of JK and Ors.
                                                                  ..... Respondent(s)

Through: -

Mr. Rais-u-Din Ganai, GA

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 20.04.2021

The subject matter of the instant writ petition is notice, issued by the

President Municipal Committee, Devsar, asking the petitioner to evict the

unauthorized occupation of the premises, failing which necessary action will

be taken. Show cause notice cannot form the basis for petitioner to file the

writ petition, as settled by this Court and Hon'ble the Supreme Court in case

State of UP V. Brahm Datt Sharma reported as (1987) 2 Supreme Court

Cases 179. Para 9 of the said Judgment being relevant is extracted as under:-

" The High Court was not justified in quashing the show cause notice. When a show cause notice is issued to a Government servant under a statutory provison calling upon him to show cause, ordinarily the Government servant must place his case before the authority concerned by showing cause and the Courts should be reluctant to interfere with the notice at that stage unless the notice is shown to have been issued palpably without any authority of law. The purpose of issuing show cause notice is to afford opportunity of hearing to the Government servant and once cause is shown it is open to the Government to consider the matter in the light of the facts and submissions placed by the Government servant and only thereafter a final decision in the matter could be taken. Interference by the Court before that stage would be premature. The High Court in our opinion ought not have interfered with the show cause notice."

In view of above, the instant writ petition shall stand dismissed along

with connected CM(s).

(Ali Mohammad Magrey) Judge

SRINAGAR 20.04.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.04.20 13:00 I attest to the accuracy and integrity of this document