Jammu & Kashmir High Court
Firdous Ahmed Wani vs State Of J&K; And Ors. on 15 January, 2018
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 45/2018, MP No. 01/2018
Date of order: 15.01.2018
Firdous Ahmed Wani v. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Sanjeev Kumar, Judge.
Appearance:
For the petitioner (s) :Mr. Rohit Kohli, Advocate.
For the respondent(s) :
The petitioner has called in question the order passed by respondent No. 3 vide his No. 02-DE of 2018 dated 03.01.2018, whereby the residential accommodation i.e set No R-11 (TRT), Old Tulsi Bagh which the petitioner claims to be in possession of the petitioner as allottee thereof has been allotted to respondent No. 5. The order impugned has been challenged by the petitioner inter-alia on the ground that set No. R-11 (TRT), Old Tulsi Bagh has been allotted to the petitioner and the same is in his possession since its allotment. His grievance, however, is that without cancelling the allotment of the petitioner after following due process of law, the aforesaid order has been passed, allotting said accommodation in favour of the respondent No. 5 Considered the submissions made by the learned counsel for the petitioner. Prima-facie the case for indulgence is made out.
Issue notice, returnable within four weeks.
List on 19.02.2018.
In the meanwhile, subject to objections and till next date of hearing, the status quo with regard to set No. R-11 (TRT), Old Tulsi Bagh shall be maintained. This order, however, shall not be given effect to, if the cancellation OWP No. 45/2018 pg. 1 of 2 of the allotment of the petitioner has been done after providing the petitioner an opportunity of being heard.
( Sanjeev Kumar ) Judge Jammu 15.01.2018 Pawan Angotra OWP No. 45/2018 pg. 2 of 2