MEHMOODA WANI v. UNION TERRITORY OF J AND K (HOME) AND ORS
WP(C)/306/2025 · 2025-02-18
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6262 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6262 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.108 Suppl.
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 306/2025 CM(706/2025) MEHMOODA WANI …Petitioner(s)/appellant(s) Through: Mr. Sheikh Manzoor, Advocate Vs.
UNION TERRITORY OF J AND K (HOME) AND ORS ...Respondent(s) Through: Ms. Maha Majeed, Assisting Counsel, vice Mr. Mohsin Qadiri, Sr. AAG.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 18.02.2025
According to the counsel for the petitioner, in the instant petition filed under Article 226, notice bearing No. SEC-K/DySP/Gull- P/Notice/25/58 dated 12.02.2025 issued is under challenge on the premise that the father of the petitioner herein was an active political worker who migrated from his native place in Kupwara to Srinagar on account of death threats by anti-national elements and was allotted an accommodation by the respondents at Asian Palace Guest House initially and subsequently in Hotel Gul Paradise, Raj Bagh, Srinagar, being Room No. 204 and ever since the migration of her father to Srinagar, the petitioner as well has been putting up with her parents and continue to avail the facility of the said accommodation after the death of her father. It is further stated by the counsel that the petitioner is also registered as Muslim Migrant by the Relief and Rehabilitation, Commissioner, and as such, the respondents could not have issued the impugned notice of eviction against the petitioner qua the accommodation in question. It is lastly stated by the counsel for the petitioner that even though the petitioner represented against the issuance of the impugned eviction Junaid Ayoub I attest to the accuracy and authenticity of this document
before the respondents, yet the respondents did not on one hand consider the said representation and on the other hand are hell bent to evict the petitioner from the accommodation in question necessitating the filing of the instant petition. Heard learned counsel for the petitioner and perused the record. Issue notice to the respondents. At this stage, Ms. Maha Majeed, Assisting Counsel to Mr. Mohsin Qadiri, learned Sr. AAG, enters appearance and accepts notice on behalf of the respondents and would submit that the representation claimed to have been submitted by the petitioner before the respondents would be addressed to by the competent authority on its own merits and that the petitioner has no right in law to continue in the accommodation in question. Having regard to the aforesaid rival submission of appearing counsel for the parties inasmuch as the issues involved in the instant petition, it is deemed appropriate not to retain the instant petition on board but to dispose of the same at this stage.
Accordingly, with the consent of the appearing counsel for the parties, the instant petition is disposed of with the direction to the respondents to address to the representation claimed to have been submitted by the petitioner qua the accommodation in respect of which the impugned eviction notice dated 12.02.2025 has been issued against the petitioner, without any delay preferably within a period of two weeks’ from today. The consideration be accorded in accordance with law and applicable rules and till such time a decision thereof is taken therein the said representation, the impugned eviction notice shall remain on hold and be not given effect to.
Disposed of.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 18.02.2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document