SABIR HUSSAIN Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) SABIR Hussain, petitioner, has filed this petition to seek a command of mandamus to the respondents to release the migrant relief in terms of
money and ration with retrospective effect from July, 1998, in favour of
the petitioner on the same analogy as was adopted in case of other
(2.) THE petitioner, a resident of Gadvail, a highly militancy infested area of District Anantnag, was compelled to migrate alongwith
his family from his native village under threat perception. He settled at
village Nud Amli of Tehsil Samba in District Jammu and started putting up
in a hut.
His registration as migrant was regularized after the receipt of
threat perception certificate No.CID/ORG -1/97 -6972 dated 23.08.1997 from
Inspector General of Police, C.I.D., Jammu. Verification was thereafter
carried out and a ration card was issued to the petitioner, who started
receiving relief including ration for his destitute family. This,
however, continued only upto June, 1998. The stoppage of the migrant
relief started telling upon the miseries of the sourceless family of the
petitioner which then comprised of nine souls. The relief authority, in
order to consider the request of the petitioner to continue providing
relief to him, started re -verification as to whether or not the
petitioner and his family had migrated. The case of the petitioner
appears to have been cleared by C.I.D., Kashmir, when it, vide its
No.CID/MR/MIG/3832 dated 08.01.2001 informed the authorities that the
petitioner could not be located on his address in Kashmir valley.
Petitioners grievance, in nutshell, is that for the last more than
five years, petitioner has been deprived of the relief, which was being
paid to the persons similarly situated and all this had happened because
of the inaction of the respondents.
(3.) THE respondents admit the provisional registration of the petitioner as migrant for nine souls under political category. Their
case, as projected in the objections filed through Relief Commissioner
(M) Jammu, is that the Relief benefits were stopped to the petitioner and
his family, pending receipt of information authenticating migration of
the family of the petitioner under threat perception by the Criminal
Investigation Department. It is admitted by the respondents that although
the C.I.D. had indicated that the petitioner could not be traced on his
address in Kashmir valley, yet no information was received from the
department as to whether the petitioner had migrated from the valley.
Relief Commissioner (M) Jammu, has, pursuant to the interim direction of
this Court, passed communication No.RCM/Legal/1523 -31 dated 26.05.2005,
wherein it has been stated that continuation of migration registration of
the family of the petitioner shall be considered after authentication of
migration of the family of the petitioner under threat perception by the
C.I.D. and physical verification that the family resides in Jammu.
On behalf of petitioner:
Sh. Z. S. Malik, learned counsel appearing for the petitioner, submits that petitioners poverty has come in his way in getting the
relief for feeding his family when similarly situated persons had since
been enjoying the benefit of relief sanctioned by the State Government
for those who had migrated from the valley. Learned counsel adds that the
petitioner has become a victim of apathy and inaction of the respondents,
who have deprived the petitioner and his family of their right to life.
On behalf of respondents:;
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