SRINAGAR: The High Court of J&K and Ladakh on Monday disposed a plea of former Srinagar Mayor and independent candidate for upcoming J&K elections, Junaid Azim Mattu seeking quashment of eviction orders over the issue of the premises allotted to him at Church Lane, Sonwar.
The court of Justice Moksha Khazuria Kazmi while disposing the plea, gave a direction to Deputy Commissioner, Srinagar to hear the parties in the matter and decide the appeal by tomorrow without any delay.
Mattu’s Counsel G A Lone, argued before court that though the statutory appeal against the notices/orders has been filed before the Deputy Commissioner, Srinagar, under Section 12 of the Act of 1998, but the official has refused to entertain the said appeal and has not even recorded the presentation of the appeal.
It was further submitted by him that the official has denied the legal remedy available to the petitioner as provided under the statute. He further said that in terms of the eviction notice dated 3 September,2024 the petitioner has been directed to be evicted by 11 September, 2024.
Deputy Commissioner, Srinagar who was present through virtual mode, stated that the appeal filed on 5th September, 2024, has been entertained but the notice has been issued to the parties just today as the he was indisposed for three days.
To this, petitioner counsel submitted that he would feel satisfied if this petition is disposed of with a direction to the respondent-Deputy Commissioner, to afford an opportunity of being heard to the counsel for the petitioner and decide the matter by tomorrow.
Justice Kazmi said,”In view of the above, this writ petition is disposed of with a direction to the Deputy Commissioner, Srinagar to hear both the parties, conclude the proceedings and decide the appeal by tomorrow.”
It was further directed that the copy of the decision shall be provided to the counsel for the appellant on the same day, enabling him to work out his remedy.
However, court said it is made clear that this Court has not expressed any opinion on the merits of the main case. (Bench & Law)
