Single Judge disposed of the writ petition seeking official accommodation. Directing respondents to consider the petitioner's representation on official accommodation within two months.
Direction to consider petitioner's representation and decide on official accommodation within two months.
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Suppl. List Sr. No. 151
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
WP(C) No. 487/2021 CM No. 1506/2021
Parvaiz Ahmad Qadir
… Petitioner(s) Through: - Mr. Shuja Ul Haq, Advocate
Union Territory of JK and Ors.
….Respondents(s) Through: -
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
17.03.2021
In the instant petition, petitioner prays for the following reliefs:-
“ a. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to provide suitable official accommodation to the petitioner in accordance with the provision of law contained under Rule 5 of Srinagar Municipal Corporation (Honorarium and other facilities to Mayor and Deputy Mayor) by-laws 2019 read with Sec. 36 (3) J&K Municipal Corporation Act 2000.
b. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to take decision in the matter and decide the representations filed by the petitioner within a reasonable period of time in accordance with law and provide official accommodation to the petitioner on the same analogy on which it has been provided to Mayor SMC, Mayor JMC and Dy. Mayor JMC.”
The Division Bench of this Court on the subject of allotment of Government accommodation has already delivered a Judgment in case WP(C) PIL No. 24/2020 titled Court on its own motion Vs. Union Territory of JK and Ors. The operative portion of the Judgment being relevant is extracted as under:-
“ In the light of the above factual and legal position, we are of the considered view that although there is no requirement of issuing any further directions, than the ones already passed by Hon’ble the Supreme Court in the two above referred cases, but, with a view to lend a sense of clarity to the entire issue, we feel that no useful purpose can be achieved by keeping this Petition pending before this Court and that the same can be disposed of in view of the directions so passed by the Apex Court of the country in the following manner:
The claim of the petitioner for providing suitable official accommodation in accordance with the provisions of law contained under Rule 5 of Srinagar Municipal Corporation (Honorarium and other facilities to Mayor and Deputy Mayor) byelaws 2019 read with Section 36 (3) J&K Municipal Corporation Act, 2000, can be considered by the competent authority.
The petitioner on his own admission, has already made a representation to the competent authority for allotment of suitable accommodation in tune with the law. It is stated by the petitioner that the writ petition can be disposed of by directing the respondents to decide the representation of the petitioner in accordance with law, policy and regulations, governing the subject. Mr. B. A. Dar, learned Sr. AAG appearing for respondents is not averse to the proposition, however, submits that the consideration of the representation can be in tune with the policy, regulations and law governing the subject.
In view of above, the writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner for providing suitable official
accommodation in tune with the policy, regulations and law governing the subject. Consideration shall be effected and decision taken within a period of two months
from the date copy of the order is served upon respondents.
Disposed of along with connected CM(s).
(Ali Mohammad Magrey) Judge
Srinagar 17.03.2021 “Mohammad Yasin Dar”
MOHAMMAD YASIN DAR 2021.03.18 14:08 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the respondents are directed to consider the petitioner’s representation for official accommodation within a specified period.
What is the appropriate procedure for disposing of the writ petition after the representation has been filed.
2 provisions across 2 enactments
Parvaiz Ahmad Qadir
Union Territory of JK
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
