KULBUSHAN Vs. MINISTER INCHARGE EVACUEE PROPERTY
LAWS(J&K)-1993-6-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 01,1993

Kulbushan Appellant
VERSUS
Minister Incharge Evacuee Property Respondents

JUDGEMENT

- (1.)THE petitioner, who is an allottee and in possession of E. P. House No. 595 -Pir Mitha Jammu since I960, has moved this writ petition for issuance of an appropriate writ, for quashing the proceedings pending disposal before Respondent No. 1, hereinafter referred to as the Minister Incharge, with respect of the cancellation of his allotment of the said house, upon an application to have been filed by Respondents 2 and 3 before the said Minister.
(2.)THE facts giving rise to the filing of the present petition as stated in the writ petition are that the petitioner who is an allottee in possession of the aforesaid Custodian House has executed a Rent Deed in favour of Custodian Evacuee Property Department and is paying rent regularly. Sometime back some people filed a complaint against the petitioner to the effect that he had allegedly constructed a house in Jammu and was not entitled to the allotment of Custodian house. The Custodian Evacuee Property Department made an enquiry into the matter and found that the allegations made against the petitioner could not be substantiated and ordered the allotment in his name to remain in tact. Such an order was passed by the Custodian Evacuee Property Jammu on 22nd of March 1968 and the same is contained in Annexure A attached with the file. Upon some other complaint against the petitioner, Custodian Evacuee Property Jammu by his order dated 8 -8 -1972 held that as the then Custodian had already decided the case on merits on 22,3.1968, therefore, it did not require any fresh adjudication and asked the allottee (the petitioner) to execute the rent deed at capital cost of the house subject to the increase of the rent. Subsequently, the Custodian Evacuee Property issued a notice dt.19 -3 -1975 and published the same in Qomi -Awaz in its issue dt.29 -3 -1995 terminating the allotment of the petitioner on the same grounds. Aggrieved of the said notice the petitioner filed a Writ Petition No. 335/79 in this Court and during the pendency of that writ petition the Custodian Evacuee Property Jammu withdraw the notice impugned in that petition. After the judgment of court on 14 -6 -1979, the Custodian Evacuee Property Jammu issued a fresh show cause notice to the petitioner on 22 -6 -1979. Written objections supported with documents, were filed by the petitioner on 18 -7 -1979. The then Custodian after holding an enquiry vide his order dated 6 -8 -1979 held that the petitioner and his father were not dependent upon each other during the course of petitionerâ„¢s stay in Evacuee Property House. The allegations were held to be frivolous and the allotment of the petitioner was kept in tact and he was directed to execute a fresh agreement with the department and to pay rent on the revised capital cost basis. Aggrieved of such an allotment an application in the form of a revision was filed by some third person namely Vinay Kumar with the Minister -Incharge broadly challenging the allotment of the petitioner on the ground that Plot No. 226 was allotted to the family of the petitioner at Rehari and a House was constructed there on by his family and, therefore, the allotment in his favour was not sustain -able in law. Further it was also prayed that the order of allotment dated 6.8.79 made in favour of the petitioner be quashed and Vijay Kumar, who is a deserving person be allotted the he use of the petitioner.
(3.)COUNTER to the writ petition was filed by the Respondents, where in it was admitted that the petitioner was an allottee and in possession of E.P. House No. 595, but the writ petition was resisted on the ground that no proper enquiry was held by the Custodian; that the father of the petitioner namely Doulat Ram who was a displaced person of 1947 has been allotted Plot No. 226 in the Rehari Colony, Jammu, and the petitioner was included in the family of his father when this allotment was made. Accordingly to respondents, as the petitioner had already been allotted a plot so the allotment of his house is to be quashed on this ground, because the Evacuee Houses are allotted to those persons who have no residential accommodation anywhere, As the petitioner has a plot in Rehari Colony Jammu and the respondent no. 3 is not having any residential accommodation so the petitioner is not entitled to allotment, that as the Custodian Evacuee Property did not pass a just order so the respondent Vijay Kumar filed the revision petition in the court of Minister Incharge, which is pending for disposal.
Heard learned counsel for the parries and have gone through the record of the file minutely. It is an admitted case of the parties that the petitioner is an allottee of Evacuee Property House no. 595 situate at Pir Mitha and has executed a Rent Dead as per the directions of the Custodian and is paying rent on the revised capital cost basis.



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