The dispute falls within the purview of the J&K Cooperative Societies Act, 1989, and the petitioner should seek remedy under the Act.

Hasnain Massodi, J.:-

1. Jammu & Kashmir Cooperative Housing Corporation Limited - a Cooperative Society registered under J&K Cooperative Societies Act, 1960, (hereinafter the Housing Corporation) sometime back established a Cooperative Housing Colony under name and style of Friends Enclave at Humhama, District Budgam. Petitioner got a plot measuring 5400 Sq.ft. bearing No. C-7 in H.I.G (High Income Group) Category allotted in his favour. A deed of perpetual lease was executed by the parties i.e. J&K Cooperative Housing Corporation Limited and the petitioner on 3rd August 2002. The Corporation allotted plot Nos. C-6 & C-7 adjacent to petitioner's plot to S/Shri Muneer Ahmad Wani S/o. Ali Muhammad Wani R/o Panzgam Kupwara and Shri Abdul Majeed Wani S/o. Shri Amir-ud-Din Wani R/o Tulsi Bagh Srinagar (Original Allottees for short) respectively. The lease deeds in this regard were executed sometime in 2001. S/Shri Muneer Ahmad Wani & Shri Abdul Majeed Wani with permission of Corporation transferred lease hold rights in plot Nos. C-6 & C-7 to Haji Ghulam Ahmad Wani S/o. Haji Wali Joo and Shri Asif Afzal Chowdary S/o. Muhammad Ramzan Chowdary R/o Handwara vide transfer of lease hold rights deeds executed on 30.05.2013 and 22.06.2013 respectively. Petitioner after plot No. C-7 was allotted to him, constructed a residential house through Corporation, as per the approved colony design, on the allotted plot. Shri Asif Afzal Chowdary and Haji Ghulam Ahmad Wani-respondents 11 and 12 in the petition, soon after lease hold rights were transferred in their favour by Original Allottees, approached Competent Authority (Commissioner, Srinagar Municipal Corporation) for grant of permission to raise construction on their land (plot Nos. C-5 & C-6) and sanction of building plan, submitted by them. The Competent Authority accorded permission vide order No. 47 of 2013 dated 27.8.2013 and sanctioned building plan, submitted with an application for grant of permission to raise construction by respondents 11 and 12. The respondents 11 and 12 were permitted to raise double storeyed residential house and double storeyed garrage/servant room in accordance with sanctioned plan. They after permission was accorded by the Competent Authority raised construction on the land (plot Nos. C-6 and C-7) acquired by them.

2. Petitioner aggrieved that respondents 11 and 12 did not raise construction in accordance with the permission and sanctioned plan and while raising the construction encroached upon a part of lane No. 5 in front of his residential house and strip of land earmarked as green area, has come up with the writ petition on hand. He on the strength of averments made in the petition seeks following relief:

"i) A writ of certiorari or any other appropriate writ, order or direction, quashing the order No. 47 of 2013 dated 27.8.2013, issued by respondent No. 5, whereby respondents 10 to 12 have been permitted to raise the construction of a double storeyed residential house and double storeyed garage/servant quarter on plot Nos. C-05 and C-06 including any other order which may have been issued by respondent No. 5 in favour of respondents 10 to 12 for raising any construction or any kind of structure on the lane No. 5 including installation of a gate and sentry booth on the said land and fencing around the green strip.

ii) A writ of mandamus or any other appropriate writ, order or direction, directing respondents 5 to 8 and 13 to:

a) Seal/demolish the double storeyed residential house of respondents 10 to 12 as also double storeyed garage/servant quarter raised on plot Nos. C-5 and C-6 and lane No. 05 and to remove the encroachments made by the respondents on lane No. 5 and the green belt and also demolish fencing/blockage raised by respondents 10 to 12 on lane No. 5 and the fencing raised by them around the green strip so as to allow the inhabitants of the colony to have access from one place to another by using lane No. 5 for their ingress and egress pu