Justice Sanjeev Kumar of J&K High Court stayed the vacation of police quarter.
This significant order has been passed in a petition filed by Rama Kant in which Justice Sanjeev Kumar after hearing Adv Ravinder Sharma appearing for the petitioner observed that in the prevailing situation where the District Magistrate is highly preoccupied with her other assignments and is not in a position to take up the appeal of the petitioner, the petitioner cannot be rendered remediless. In case the appeal of the petitioner is not heard by the District Magistrate with promptitude, the respondents would throw the petitioner out of possession forcibly and that would render the appeal filed by the petitioner infructuous. The petitioner is a Follower, an employee at the lowest rung of the police establishment and is residing in the quarter along with his family since the year 2005. It is true that because of his suspension for some time he went into arrears of rent payable for use and occupation of the aforesaid quarter. Keeping in view the totality of the circumstances and the fair stand taken by the learned counsel for the parties, this petition, with the consent of learned counsel for the parties, is admitted and disposed of at this stage by providing that subject to petitioner’s depositing/clearing the entire arrears of rent qua the quarter aforesaid payable as on date within a period of two weeks, the impugned notices of eviction shall not be given effect to and the petitioner and his family shall be permitted to continue to use and to remain in possession of the said quarter. That the protection with regard to the possession of the quarter given to the petitioner by this order shall subsist till the matter is decided by the District Magistrate ( the Appellate Authority) on its merits. Nothing said or observed herein above shall be construed as expression of opinion on the merits of the case and the District Magistrate ( the Appellate Authority) shall be free to take a view in the matter as may be permissible under law.