1. This is a petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir for issuance of writ in the nature of certiorari quashing the order impugned dated 29-7-2006 passed by the respondent-3, vide which the proposal of the petitioner for the construction of Ist floor and 2nd floor has been rejected; further directing the respondents not to interfere in the peaceful construction of Ist and 2nd floor raised by the petitioner.

2. The case set up by the petitioner is that, the petitioner is a lessee of Vinayak Missar Dharamshala Trust with respect to a shop, which was originally leased to his father in 1932 and after the death of the father of the petitioner, the lesser has executed fresh lease deed of the said shop in favour of the petitioner in the year 1975. The petitioner wanted to raise the construction on the Ist and 2nd floor over the existing shop for his residence. The petitioner obtained the permission from his lesser and submitted layout plan prepared by the qualified engineer to the respondent2 by paying the requisite fee of Rs. 100/-on 8-9-2004 as per the statutory provision. The further case of the petitioner is

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