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Plea by specially-abled lawyer for Govt accommodation: HC issues notices

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STATE TIMES NEWS

JAMMU: Justice Alok Aradhe of J&K High Court (Jammu Wing) on Monday issued notices to Principal Secretary to Chief Minister J&K (Minister for Estates J&K), Commissioner/Secretary to Government of J&K General Administration Department and Director Estates J&K returnable within four weeks requiring them to file their response to writ petition filed by a specially-abled lawyer Suraj Singh (100% visually disabled) challenging Government Order No.128-EST of 2017 dated October 7, 2017 whereby the plea of the petitioner for Government Accommodation has been rejected by the Minister for Estates.

When this petition came up for hearing, Advocates S.C Gupta and Sheikh Shakeel Ahmed appearing for the petitioner submitted that a very harsh/strict view has been taken by the Minister for Estates while rejecting the case of a specially-abled lawyer who belongs to a remote hilly Village in Tehsil Lohai Malhar (Kathua).

Advocate S.S. Ahmed submitted that it was in the year 2011 when the petitioner approached the Minister for Estates for Govt. Accommodation and thereafter the petitioner filed OWP No.1401/2012 which was disposed of by the writ court on November, 27, 2012 directing the Estates Department to accord consideration to the prayer of the petitioner for Government Accommodation.

Advocate S.S. Ahmed further submitted that the case of the petitioner was initially rejected vide Govt. Order No.216-EST of 2013 dated October, 21, 2013 and the said order was questioned in OWP No.857 of 2016 and the same was quashed vide Judgment dated October, 5, 2016 passed by Justice B.S. Walia (since transferred to Punjab and Haryana High Court).

Advocate S.S. Ahmed further submitted that the Estates Department filed appeal bearing No.15 of 2017 which was decided on March, 6, 2017 and the writ court Judgment was upheld. Advocate Ahmed further submitted that the review petition against the Judgment dated March, 6, 2017 was disposed of vide order dated July, 24, 2017 by the Division Bench directing re-consideration keeping in view the observations of the Court and Regulations governing allotment.

Advocate Ahmed further submitted that the contempt proceedings were dropped by order dated December, 12, 2017 after taking into account the statement of facts accompanied by the aforesaid Government Order.

 

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