SANJAY KUMAR GUPTA
Building Operation Control Authority, Municipal Area Jammu through Joint Commissioner, Municipal Corporation – Appellant
Versus
Sohan Singh – Respondent
1. Through the instant petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K, petitioner seeks the following reliefs:-
“Issue a writ of certiorari quashing the order dated 18.01.2016 passed in file No. STJ/277/2015 titled, Sohan Singh V/s Commissioner and Ors.;
Issue a writ of mandamus commanding the respondent No. 1 to demolish the unauthorized construction;”
2. The brief facts of the case are that respondent No.1 claims to be the owner in possession of land measuring 1 marlas falling under Kh. No.564. The land in question was allotted to the respondent in the year 1978 with respect to which lease deed was executed between Sainik Housing Building Society, Jammu and the same was registered before the learned Sub Registrar, Jammu on 26.06.1991. The respondent no.1 with intention to raise commercial construction had applied before the petitioner for grant of necessary sanction. The sanction/permission was duly granted in favour of respondent No.1 vide order dated 21.07.2014 bearing No.286/BS/2014 at plot no. 578/1 Se
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