EJAZ AHMAD TAK Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-63
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 15,2020

Ejaz Ahmad Tak Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)Let the deficiencies be made good as per Circular No.16/GS dated 29th March, 2020 upon removal of the current lockdown. CR No.59/2020
The petitioner, an ex-Public Prosecutor of the State, invokes the power of superintendence of this Court vested by Article 227 of the Constitution of India seeking, inter alia, quashment of the impugned notice bearing No.DDE/J/305 dated 07.09.2020 issued by respondent No.3 in his capacity as Estate Officer. In terms of the impugned notice, the petitioner has been called upon to vacate Flat No.303-EP Wazarat Road, Jammu. The notice is purportedly issued by the Estate Officer in exercise of powers conferred under Sub-Section 1 of Section 5 of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988 (hereinafter, "the Act").

(2.)Admittedly, the impugned notice is appealable under Section 12 of the Act. As a matter of fact, the appellant has availed of the remedy and has filed an appeal before the District Magistrate (Deputy Commissioner), Jammu. The grievance of the petitioner, as projected in this petition, in short, is that despite the fact that he has availed of the statutory remedy of appeal under the Act, yet in view of the non-availability of the appellate authority to consider his appeal and pass appropriate orders on merits, the petitioner has been pushed to a stage where he can be evicted from the premises at any time. It is claimed that in case the appeal remains pending and is not considered by the appellate authority and in the meanwhile, the petitioner is evicted, his appeal will become infructuous and he would be deprived of his right as conferred by Section 12 of the Act.
(3.)The petitioner has placed on record copy of the appeal as also some whatsapp messages sent to the office of the District Magistrate, Jammu but it is not clear as to on what date the online appeal was preferred before the appellate authority.
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