Fayaz Ahmad Dar v. Union Territory of J and K and Ors. (Revenue Department)
Case brief
What is this about?
The petitioner challenged a show cause notice issued under the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988 and a prior consideration order rejecting his claim for alternate allotment. The High Court declined to adjudicate on the merits of the parties' competing claims to the premises. Instead, it directed the respondent authority to conduct a proper enquiry under Section 5 of the Act, considering the petitioner's reply and evidence, and pass a reasoned final order. The petitioner's occupation shall not be disturbed until that final order, and he retains the right to appeal under Section 12 of the Act or seek judicial review under Article 226 of the Constitution.
What did the court decide?
Petitioner's occupation of premises not to be disturbed till final order under Section 5 of the Act; respondent directed to conduct enquiry under Section 5 and pass reasoned order; petitioner at liberty to appeal under Section 12 and seek judicial review under Article 226.