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2014 Supreme(J&K) 433

JANAK RAJ KOTWAL
Mahant Vidaya Puri – Appellant
Versus
State of J&K – Respondent


Advocates:
For the Appellant :Ved Raj Wazir, Senior Advocate and Abhishek Wazir, Adv.
For the Respondents:Seema Shekhar, AAG and S.S. Nanda, Advocate

JUDGMENT :

Janak Raj Kotwal, J.

1. This is a writ petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir, whereby petitioner seeks writ of prohibition, prohibiting respondent/Municipal Corporation, Jammu from interfering in construction process to be undertaken by the petitioner as per site plan submitted by him to the respondents and a command to be issued to the respondents to stop interference in the said construction process.

2. Heard. I have perused the record.

3. Petitioner's case, briefly, is that he submitted the site plan of proposed construction on a vacant piece of his land situate at Prem Nagar, Vivekanand Chowk, Jammu alongwith application for building permission to respondent No. 2 and deposited the requisite fee of Rs. 100 on 18.04.2011. Respondent No. 2, however, neither issued any notice to the petitioner calling upon him to satisfy any requirement nor has sanctioned the building plan or refused the sanction. It is contended by the petitioner that respondent Nos. 2 and 3 were required to accord or refuse sanction within stipulated period of sixty days from the date of receipt of application and after expi













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