J&K High Court stays former Mayor’s eviction from Church Lane Govt villa

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Ziraat Times
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Srinagar, Sept 12: J&K High Court on Wednesday stayed the eviction notices issued by the Estates Department against the former Srinagar Mayor Junaid Azeem Mattu and sought response from the authorities by next date.

Mattu filed a petition immediately after his eviction by the Estates Department was upheld by the Deputy Commissioner Srinagar. Mattu had preferred an appeal before the DC Srinagar against the eviction notices.
He in the present petition has sought quashing of order of District Magistrate, Srinagar as quashing of orders and notices issued by the Deputy Director Estates Department Srinagar.

“In the meantime, subject to objections and till the next date of hearing before the Bench, impugned order/notices shall stay”, Justice V C Koul directed.

His case set up before the court of Justice Koul was that he is a politician and a reputed public figure and was allotted the Government accommodation in Church Lane, Sonawar.

He filed a writ petition earlier to the instant petition against order and notice issued by the department directing therein eviction of the accommodation and the court in the earlier petition due to pendency of the appeal before the DC Srinagar asked the petitioner to approach the DC with the direction to DC to decide the matter by 10.9.2024.
Since the DC upheld the eviction notice the petitioner challenged the order of DC on the grounds that impugned notices had been issued in contravention of provisions of Section 4 of the Act of 1988 as it was incumbent upon respondent-Deputy Director Estates Department to call upon allottee of public premises to produce evidence within a period of not less than seven days to prove that he had been duly authorized to occupy such a public premises.
It has further been contended by his counsel that the evicting authority, was under law, required to give a period of seven days but impugned notice has been issued on 24th August 2024, directing eviction by or before 26th August 2024, giving less than two days’ time to petitioner to produce any document or evidence of his legal right to occupy the public premises.

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