Srinagar: The J&K High Court on Monday dismissed the plea of a police officer seeking a direction to authorities to not evict him and his family from an allotted government accommodation in view of perceived threat to his life.
Justice Ali Mohammad Magrey while dismissing the plea recorded that the petitioner cannot re-agitate the matter on the same set of pleadings as done earlier by him in another plea which was disposed of by this court.
The court said, “Perusal of the pleadings and the records made available reveal that the petitioner on similar cause of action has already filed writ petition with the same pleadings, and the relief resulted in disposal of the writ petition at the motion hearing on the consent of the petitioner.”
“Therefore, there is no scope for the petitioner to re-agitate the matter in the subsequent writ petition on the same pleadings and for the same relief, additionally on the ground that the respondents are not adhering to the order already passed by the writ court,” Justice Magrey said.
The court recorded that there is no merit in the instant writ petition, “therefore, the same shall stand dismissed. However, if petitioner feels aggrieved of any action or inaction on the part of respondents, qua non- implementation of the writ court order, he shall be at liberty to file appropriate proceedings,” Justice Magrey directed.
Police officer Jahangir Ahmad Khan had earlier filed a plea which was disposed of by the court wherein petitioner was directed to approach concerned authorities in the matter.
The petitioner hails from village Rampora Mattan. He stated that after the eruption of militancy during 1990s he was forced to leave his home on account of threats and risk to his life from many elements.
Accordingly he and his family was alloted government quarters in Khanabal area but now the authorities are trying to evict him from the premises risking his life and other members of the family, he stated in his plea.

NUSRAT SIDIQ