1. The writ petition has been filed for mandamus, directing the authorities to release the rent for occupation of his factory along with land. According to the petitioner, his factory along with land appurtenant thereto is under the occupation of CRPF. Learned counsel for the petitioner states that proceedings of the State Level Rent Assessment Committee at Srinagar, fixed the rent of private houses, hired by the Estates Department and other departments at Srinagar vide order No. 548 DE of 2016 dated 26.10.2016- Annexure- K, and petitioners figures at Serial No. 51 of the said order. An amount of Rs. 8,250/- per month has been fixed for the premises occupied by the CRPF w.e.f., 20.08.2004 instead of 08.04.2013.
2. Despite order dated 26.10.2016, the rent has not been released by respondents. Petitioner at first instance should have to make a representation or legal notice to the Department if rent has not been paid so for but same has not been done in the instant case.
3. In this view of the matter, writ petition is disposed of giving liberty to the petitioner to make a request/representation or send a legal notice to the respondents who shall accord consideration to the same and release the rent in favour of the petitioner in terms of proceedings 26.10.2016, if the petitioner is otherwise eligible and if there is no impediment under law. In case petitioner after culmination of such proceedings is aggrieved, he is entitled to seek legal recourse.
4. The writ petition is disposed of along with connected MP.
Manzoor Ahmad Sidiqi v. State Of Jammu And Kashmir And Others
Manzoor Ahmad Sidiqi v. State Of Jammu And Kashmir And Others
(High Court Of Jammu And Kashmir)
OWP No. 453/2017 & MP No. 01/2017 | 04-05-2017
Advocate List
- For Petitioner : Mr. Hamza, Adv. vice Mr. M. Y. Bhat, Advocate, for the Petitioner; Mr. B. A. Dar , AAG, for the Respondent
Bench
- HON'BLE JUSTICE RAMALINGAM SUDHAKAR, J.
Eq Citations
- LQ/JKHC/2017/201
Head Note
Constitution of India — Art. 226 — Mandamus — Mandamus to release rent — State Level Rent Assessment Committee fixed rent of premises occupied by CRPF — Despite order of Committee, rent not released by respondents — Petitioner at first instance should have made representation/legal notice to Department but same not done — Liberty granted to petitioner to make a request/representation or send a legal notice to respondents who shall accord consideration to the same and release rent in favour of petitioner in terms of proceedings dt. 26.10.2016, if petitioner is otherwise eligible and if there is no impediment under law — Writ petition disposed of
