Ravinder Singh Jamwal & Anr vs Union Territory Of J&K & Ors
2024 Latest Caselaw 105 j&K

Jammu & Kashmir High Court

Ravinder Singh Jamwal & Anr vs Union Territory Of J&K & Ors on 7 February, 2024

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                            Sr. No. 19
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

WP(C) No. 2698/2021

Ravinder Singh Jamwal & anr.                     .... Petitioner/Appellant(s)

                        Through:-   Mr. Varut Kumar Gupta and Umar
                                    Javed, Advocates

                  V/s

Union Territory of J&K & ors.                             .....Respondent(s)

                        Through:-   Ms. Monika Thakur, Assisting counsel
                                    to Mr. S. S. Nanda, Sr. AAG
                                    Mr. Rajnish Raina, Advocate

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                ORDER

07.02.2024

01. Petitioner No. 1 was allotted Municipal Flat/Quarter No. 10

situated at Main Stop Gandhi Nagar, Jammu in the capacity as the then

Joint Commissioner (A) JMC by the Municipal Corporation Jammu

vide order dated 10.02.2016. A Municipal Flat/Quarter was also allotted

to petitioner No. 2 in the capacity as the then PA to Administrator

Jammu Municipality vide order dated 16.12.1993.

02. A PIL No. 33/2017 titled Irtiza Mushtaq Vs. State of J&K and

others was filed before the High Court which was decided on

28.04.2021 with the following directions:-

i) The allotments as well as consequential rent deeds / rent agreements made in favour of the respondent no. 5 to 13 are quashed.

ii) The respondent no. 5 to 13 are directed to vacate the premises in their respective occupation within a period of six months from the date of this order.

iii) So for as other municipal shops, flats and Garages are concerned, the respondent no.1 to 3 are directed to examine the individual case and proceed in accordance with the law laid down by the Apex Court in numerous decisions mentioned above and take appropriate actions within a period of six months, extendable by another period of six months only."

03. The allotment of the petitioners, who were also respondents

in the case, were quashed and they were directed to vacate the premises.

Pursuant to the judgment of the Hon'ble Division Bench, these eviction

notices were served to the petitioners for vacating the premises but the

petitioners have preferred the present writ petition against the same.

04. Learned counsel for the petitioners submits that the

petitioners have already vacated the premises but submits that the case

of the petitioners be considered for allotment of residential

accommodation in terms of the Jammu & Kashmir Allotment of

Municipal Corporation Residential Accommodation Bye-Laws 2020

and in terms of the judgment dated 05.02.2021 passed by this Court in

WP(C) No. 73/2021.

05. Keeping in view the prayer made by the petitioners, the writ

petition is disposed of by directing the respondents to consider the claim

of the petitioners in accordance with Jammu & Kashmir Allotment of

Municipal Corporation Residential Accommodation Bye-Laws 202 and in

terms of the judgment dated 05.02.2021 passed by this Court in WP(C)

No. 73/2021, within a period of eight weeks, from the date copy of this

order is made available to the respondents by the petitioners.

06. This petition along with connected application(s), if any, stands

disposed of in the above terms.

(Sindhu Sharma) Judge JAMMU RAM MURTI/PS 07.02.2024 Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No