Mohammad Yaseen Shah vs State Of J&K And Others

Ali Mohammad Magrey, J

Today, when this matter was taken up for hearing, Mr B. A. Dar, the learned Senior Additional Advocate General, at the outset, seeks some more time to update the Compliance qua eviction of the Former Ministers/ Former MLAs/Retired IAS Officers/ MLCs/Political persons, who are still unauthorizedly residing in Ministerial Bungalows as well as A, B and C-type accommodation of the Estates Department, both at Jammu as well as at Srinagar and recovery of outstanding amount from the authorized/ unauthorized occupants.

Mr Dar, when pointedly asked as to why time is sought by the respondents again and again for updating the Compliance despite there being repeated directions from this Court in this behalf, submits that he is making such request only on the instructions of the authorities in the respondent Department.

In view of the approach adopted by the respondents, a need was felt to apprise the learned Advocate General of the issue involved and request him to render his valuable assistance in the matter so as to facilitate an early and speedy decision in the case. The learned Advocate General, accordingly, appeared before the Court through Virtual Mode and ensures that an updated Compliance Report, in tune with the directions passed by this Court from time to time, will be filed by the next date of hearing.

Given the aforesaid submission made by the learned Advocate General, two months last opportunity is granted to the respondents to submit the updated Compliance Report, thereby disclosing the policy of the Government qua retention or otherwise of the Ministerial Bungalows as well as A, B and C-type accommodation of the Estates Department by the Former Ministers/ Former MLAs/Retired IAS Officers/ MLCs/Political Persons, both at Jammu as well as in Srinagar.

List on 3rd of February, 2021.

Meanwhile, Registry shall comply with the terms of the order of this Court dated 16th of October, 2020, whereby it was directed to list the matter alongwith writ petitions tagged with the lead case bearing OWP No.1750/2015, as well as the pending Writ petitions involving similar questions of facts and the law; details whereof were directed to be given by Mr Dar to the Registry.

Registry to report about the direction passed by this Court in the instant Contempt petition on the last date of hearing, i.e., on 16th of October, 2020, in terms whereof Mr Dar was directed to submit one more hard copy of the Statement of Facts before the Registry.

List as above.

Let the parties complete their pleadings by the next date of hearing.

List for consideration as above.

Interim directions, if any, in force as on date, to continue till the next date of hearing before the Bench.

Copy of this order be provided to the learned Advocate General as well as to Mr B. A. Dar, learned Senior Additional Advocate General, under the Seal and Signatures of the Bench Secretary of this Court, today itself.