Decided on December 11,1986

S P Sharma Appellant


PER BHAT, J. - (1.) THE petitioner claims to be a senior correspondent of "THE TRIBUNE", an English Newspaper, published from out of the State. He also claims that he belongs to Dogra region therefore; he is interested in protecting the interest of Dogra Community. He has prayed for a writ of certiorari as also for mandamus. The dispute raised in the writ petition relates to allotment of complex situated at Old Secretariat and is popularly known as "Pink Hall".
(2.) BRIEF resume of the facts, as averred in the petition, necessary for the determination of the controversy raised, is given here -in -below -
(3.) IT is stated that Dogra Art Gallery is sought to be dislodged from the Pink Hall by respondent No. 1 who is the Chief Minister of the State, to injure the feelings of Dogra Community. The Dogra Art Gallery is said to have been located for 32 years in the corridor of Gandhi Bhawan, Jammu. near new Secretariat. From that place it is stated to have been shifted to the Pink Hall. On 2nd of August. 1986, respondent No. 6. who is Curator, Dogra Art Gallery, Jammu, is said to have occupied the Pink Hall for Dogra Art Gallery. Respondent No. 1 is said to be related to respondent No. 3, who in the Advocate General of the State and who was brought from Delhi for being made Advocate General of the State and to oblige the said Advocate General, respondent No. 1 is said to have started to grant such privileges on the respondent No. 1 which hither -to before were not conferred on any of his predecessor -in -office. One of the privileges conferred on respondent No. 3 is allotment of Pink Hall which has injured the sentiments and feelings of the Dogra Community because as a consequence of this allotment Dogra Art Gallery is dislodged from Pink Hall. It is further averred that the Pink Hall was renovated at the cost of Rupees three lacs and, thereafter, it could not be allotted to the Advocate General for his office. The Advocate General has under his occupation at present four rooms which are sufficient to accommodate his office and if he was to be given more space for his office, the Pink Hall should not have been allotted to him. It is averred that Dogra Art of Jammu region as also of Basohli has been preserved for the general public and it is the heritage of Dogra community, therefore, in its preservation, the Dogra community has a deep interest. The petitioner being a member of the community has taken it as an insult to Dogra community to shift Dogra Art Gallery from Pink Hall and respondent No. 6 is sought to be thrown out from the said Hall which has touched the sentiments of the Dogra community. It is stated that a Committee, headed by Dr. M, S. Randhawa in the year 1975 was appointed by the State Government to submit its report in 1976, has recommended that not only pink hall but Marbel Hall is also required for housing Dogra Art Gallery. The gesture shown by the then Chief Minister towards the Dogra community is said to have been ignored by the present Chief Minister for his personal ends and for providing luxury to the Advocate General. As a result of the report submitted by Mr. Randhawa, the Governor of the State is said to have spent Rupees three lacs and put the Dogra Art Gallery in possession of the Pink Hall. In support of these assertions, an issue of a local newspaper "DAILY KASHMIR TIMES" dated 6 -12 -1986 is attached as Annexure P 1 to the writ petition. Petitioner also claims that letter No. 2290 94 dated 27th June, 1986 from Executive Engineer Construction Division II Jammu was addressed to the Superintending Engineer Jammu for completing renovation of the Pink Hall quickly and, thereafter, letter No. 6089 -90 dated 2 -7 -1986 issued by the Superintending Engineer, Jammu to the Director Museum indicates that renovation was already over and steps were being taken for shifting of Dogra Art Gallery to the Pink Hall.;

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