1. Impugned in this petition is a letter No. LSH(K) 161/2005 dated 19.09.2005 purporting to have been written by Minister of Housing and Urban Development Department whereunder while apparently considering an appeal purporting to have been filed against the order of regularization of existing Single Storied Storeroom situated at 313, Jawahir Nagar, Srinagar, in violation of Building Bylaws and Master Plan, the regularization order No. 292/2005 dated 16.05.2005 purporting to have been passed by BOCA was directed to be re-considered in terms of Master Plan and Building bylaws in accordance with law.

2. The background circumstances appear to be that under the order aforesaid the competent authority regularized the construction of a Single Storied Storeroom adjacent to petitioners house on 16.06.2005 which was overset under concerned Ministers impugned order that is sought to be quashed. Ground projected is that the Minister Incharge had no power to pass the impugned order. In reply respondent-corporation have pleaded that since order of regularization was passed in violation of rules under J&K Control of Building Operations Act, 1988, it was liable to be set aside.

3. I have heard learn

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