Ab. Qadir v. Custodian, Evacuees Property Department, Jammu
2011-11-02
Sanjay Gupta
body2011
DigiLaw.ai
1. Petitioner allottee of quarter No. BC 348 Jogi Gate Jammu has filed present petition u/s 30-A of Evacuees (Administration of Property) Act for calling the proceeding of Custodian, by virtue of which respondent -- Custodian is interfering into his possession of quarter No. BC 348, Jogi Gate, Jammu. 2. In the petition, it has been mentioned that he is regularly paying the rent to the department for quarter mentioned above and he has not violated any terms of allotment. That a lease agreement has been executed between the petitioner and Custodian Department in 1990. This allotment was made in exchange of original allotment of quarter No. BC 285 at Mohalla Jogi Gate Jammu which was allotted to him 1978-79. That respondent had made attempts to forcibly an in illegal manner to dispossess the petitioner from the possession so he approached this court. That on 20th July, 2010, respondent again put locks on the said property, while his brother just left the quarter/house. Inspector of Department, without any authority, put the lock. That no notice under law has been given. 3. Both the counsels argued at length. 4. I have also gone through the record produced by the department. It is fact that the petitioner has been allotted quarter No. BC 348 Mohalla Jogi Gate, Jammu. It further appears that a previous revision petition against the order of respondent dated 09.05.2006 was filed before this Tribunal. On 09.05.2006 the Custodian issued a show cause notice in which it was mentioned that lease has not been renewed and so allotment does not subsist. Further petitioner was in arrears of rent. On 6th August, 2007 that revision petition was decided. The concluding para reads as under: "I have called for the record of the Custodian Jammu. It appears on the perusal of the record that vide order No. PS/BC-348/90 dated 01.01.1990 the respondent has been allotted a residential quarter No. BC 348 situated at Mohalla Thathi Lasayan Jammu for a period of one month @ Rs. 234/- per month. The present revision petition which is based upon mere surmises, conjecture and misconceived apprehension is not maintainable. The same is accordingly dismissed. It is, however, added that Custodian Jammu shall not evict the petitioner without deserving due course of law. The record of the Custodian be immediately sent back and this Tribunal file be consigned to record after due completion." 5.
The same is accordingly dismissed. It is, however, added that Custodian Jammu shall not evict the petitioner without deserving due course of law. The record of the Custodian be immediately sent back and this Tribunal file be consigned to record after due completion." 5. Bare perusal of this order is evident that this court while dismissing the revision petition, directed custodian Jammu not to evict the petitioner without deserving due course of law. File reveals that order has not been complied and no due course of law has been followed by the custodian department. 6. Counsel for the respondent has also filed written arguments in which it has been stated that present revision petition has been filed by the petitioner in stalling the proceeding already initiated by the custodian for eviction of petitioner. 7. Law is very much clear that before passing any order of eviction by an authority when other party is in possession, law of natural justice has to be followed, but in the present case, it has not been followed, when a direction to this effect has already been issued by this court while disposing of previous revision petition. In file, there is no new show cause notice or any other documents from which it can be inferred that an opportunity of being heard was given before locking the premises or evicting the petitioner from Qtr B.C.348 at Molalla jogi gate Jammu. Further there are receipts of rents which reveals that rent of premise has been received by custodian up to march 2010. In this way on one hand custodian dept is accepting rent and on other hand trying to evict and sealing the premise without adopting due course of law. 8. In view of the above, this revision petition is disposed of with direction to Custodian Department that they shall not evict or seal the premise Qtr 348 B.C. Jogi gate jammu without following due procedure of law. Record of the Custodian Department be sent back along with a copy of this order. 9. File be consigned to record after due completion.