Farooqa Akhter & Ors vs Union Territory Of Jammu And Kashmir & Ors

Sanjeev Kumar, J

1) Petitioners 1 and 2 are serving as Teachers in School Education Department and are presently posted in District Anantnag. Petitioner No.3 is an employee working in the Health Department and posted s Surgeon at District Hospital, Anantnag. They are aggrieved of a communication dated 3rd December, 2019, issued by respondent No.4, in which the names of the petitioners have been shown amongst the unauthorized occupants of government accommodation. Apprehending their eviction by the respondents, the petitioners have filed the instant petition on the ground that though the orders of allotment issued in their favour have expired by efflux of time but because of their depositing the monthly rentals, they have become the allottees holding over and, therefore, cannot be evicted otherwise than by adopting due process of law.

2) Having heard learned counsel for the petitioners and perused the record, I am of the considered view that the petitioners after the expiry of the period their allotment have become unauthorized occupants of the accommodation in their possession. It may not be out of place to take note of the fact that the allotment made in favour of the petitioners was not pursuant to any policy of the government or on the basis of some rational criteria framed for the purpose but was purely on the basis of pick and choose.

3) Be that as it is, the fact remains that the period of allotment of government accommodation of the petitioners has since expired and there is no order of renewal of their allotment on record. As a matter of fact, learned counsel appearing for the petitioners has fairly stated that the allotments made in favour of the petitioners have since expired but they are continuing in possession and are paying the monthly rentals regularly to the respondents.

4) In view of the admitted position, it cannot be gain said that the petitioners are unauthorized occupants and the respondents have rightly proceeded against them under the provisions of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1969 (hereinafter Act of 1969) and the petitioners have been served with notices under Section 4(1) of the Act of 1969. The petitioners, as it appears, have also responded to the aforesaid notices, issued by the Deputy Commissioner, Anantnag, in his capacity as Estates Officer. The petitioners, instead of availing of the remedy that may be and is available under the provisions of the Act of 1969, have come to this Court by way of instant petition seeking a restraint order against the respondents from evicting the petitioners from the government accommodation in their possession. It is worth-while to note that the notices under Section 4(1) of the Act of 1969 were issued on 15th of April, 2019 and the replies thereto were submitted by the petitioners somewhere in July, 2019.

The only plea taken by the petitioners in the reply to the show cause notices issued to them is that they are government employees and belong to far flung areas and, therefore, have no local accommodation to stay in Anantnag. Accepting the reply of the petitioners as it is, does not furnish any good defence against their eviction from the accommodations which, after expiry of their allotment, has become unauthorized. The petitioners have also not availed of the remedy that is available under the Act of 1969. In that view of the matter, it would serve no purpose to relegate the petitioners to the alternate remedy at this stage, more so when the petitioners are not in dispute that they are unauthorized occupants of the public premises and are liable to be evicted forthwith. However, keeping in view the harsh winter, which is prevailing at this point of time, it would be in the fitness of things if the petitioners are provided three weeks' time to vacate the premises and take out their belongings whatever are lying in the accommodations in their possession. After three weeks from today, the respondents shall be free to evict the petitioners, if they do not voluntarily surrender the possession of the government accommodations in their possession.

5) With the above observations, the instant writ petition shall stand disposed of along with connected CM.