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High CourtsSingle Bench(2022) 06 J&K CK 0019

Ghulam Mohammad Pir vs UT Of J&K And Ors

Jammu And Kashmir High Court · Decided on 23 June 2022

HON’BLE JUDGES
Moksha Khajuria Kazmi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1330 Of 2022, Civil Miscellaneous (M) No. 3169 Of 2022

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Judgment

11 paragraphs · 359 words

Moksha Khajuria Kazmi, J

In the instant writ petition, the petitioner herein is aggrieved of and has challenged the Final Eviction Notice No. DMK/JUD/2022/226, dated 20.05.2022, issued by the Deputy Commissioner, Kupwara.

Petitioner has further sought direction against the respondent No. 2 to accord consideration for extension of lease period over allotted space and also restraining the respondents from evicting the petitioner from leasehold property or resorting to any coercive method or procedure.

In para 7 of the writ petition, the petitioner has categorically mentioned that the respondents have not accorded consideration for extension of lease in terms of order passed by this Court in ‘WP(C) No. 2241/2021 titled as Ghulam Mohammad Pir Vs UT of JK & Ors.’

“Writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner as projected in the writ petition and the annexures appended with the writ petition and of course under rules.

Let the consideration order be passed within a period of six weeks from the date of receipt of certified copy of this order.

Disposed of.”

As far as the impugned order is concerned, nowhere it is mentioned that the claim of the petitioner was considered and after due consideration the impugned eviction order was issued.

Be that as it may, the writ petition of the petitioner is disposed of with a direction to the respondents to consider the claim of the petitioner as projected in the writ petition and the annexures appended with the writ petition and of course under rules within a period of two weeks from the date the copy of this order served is upon them by the petitioner.

The respondents are directed to pass speaking order with respect to the consideration of the claim of the petitioner, however, it is made clear that if the petitioner is found not entitled to any benefit as projected by the petitioner in the writ petition, respondents shall be free to take any action in terms of the impugned order. Till the claim of the petitioner is considered, no coercive measures be taken for eviction against the petitioner.

Disposed of along with CM.