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HC dismisses plea of ex-NC MLA, Ors challenging eviction notice | | | EARLY TIMES REPORT
JAMMU, Mar 9: In a petition filed by ex-NC MLA Kafil-Ur-Rehman & Ors seeking quashment of impugned Eviction Notice No.LA 309-11/EO/2020, Eviction Notice No. LA 291-93/EO/2020, Eviction Notice No. LA 294-96/EO/2020 all dated 05.02.2020. That respondents by issuance of writ of prohibition be directed not to disturb the peaceful possession of the petitioners and their family over Set Nos. 328, 319 and 225 at Legislators Hostel, MA Road, Srinagar. That by issuance of writ of mandamus respondents be directed to allow the petitioners to occupy the present accommodation which they are in possession for last more than two decades in MLA Hostel, MA Road, Srinagar and respondents be also directed to provide adequate security to the petitioners. Justice Ali Mohammad Magrey after hearing both the sides dismissed the petition and observed that the continuous occupation/ possession of the Government accommodation in question by the petitioners is held to be bad in law. The petitioners thus, shall, if still in occupation, hand over the possession of the said Government accommodation occupied by them within one month from today and the Government, in turn, shall also recover appropriate rent from the petitioners for the period during which they were in authorized/ unauthorized occupation of the same. It is, however, made clear here that insofar as the contention of the petitioners qua threat perception to the life and liberty of their own self as well as their family members is concerned, the petitioners shall be at liberty to approach the competent authority in the Government of Jammu and Kashmir for seeking redressal of this grievance. (JNF) |
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