HIGH COURT OF JAMMU AND KASHMIR
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G .D.SHARMA,J -
(1.) The petitioners are claiming that they migrated from the Kashmir Valley on threats to their lives and properties at the hands of
anti -national elements for being supporters of the Indian Armed Forces.
The authorities verified their antecedents and after declaring migrants
issued Ration Cards in their favour which have been placed on the record
as annexures A to Annexure -33. Their grievance is that their Ration Cards
have been cancelled without giving them any opportunity of being heard
whereas, other migrants from the Valley are being allowed to draw the
rations on Ration cards issued in their favour.
(2.) RESPONDENTS have filed the objections and pleaded that the petitioners alongwith other migrants were initially registered as
migrants and were granted relief in the shape of assistance to the tune
of Rs. one thousand per family which was subsequently enhanced to Rs.
1800/ - per family. Complaints were received in the Relief Organisation regarding the genuineness of threat perception certificates produced by
the migrants and respondent -2 herein (Relief Commissioner) wrote to
Deputy Inspector General of Police (C|D) Srinagar for the verification
and genuineness of the migration. DIG (CID) Srinagar intimated to
respondent -2 that threat perception certificates of the petitioners were
fake and fabricated to cheat the authorities and thereby to cause loss to
the State Exchequer. Respondent No.2 acted upon this communication and by
issuing directions to concerned officials got the assistance allowance
(3.) HEARD the arguments.
The main plank of the argument of the learned counsel for the petitioners is that petitioners had a legal right to be heard before
their cash assistance allowance could be withdrawn. They had been
sustaining their families on the assistance allowance so sanctioned and
the withdrawal order has visited with civil consequences. In support of
his contention, the learned counsel has cited the cases of Raghunath
Thakur vs. State of Bihar (AIR 1989 SC 620) and Raj Kumar Jain Vs. Union
of India (AIR 1986 Delhi 299).;
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