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2021 Supreme(J&K) 354

SANJEEV KUMAR
Zaitoon – Appellant
Versus
Commissioner, SMC – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jehangir Iqbal Ganai, Ms. Humaira Shafi, Adv.
For the Respondent: Mr. Moomin Khan, M/s. M.A.Qayoom, Mr. Mian Rouf, Adv.

ORDER :

1. The petitioner is aggrieved and has challenged order dated 17-11-2021, passed by J&K Special Tribunal, Srinagar [“Tribunal’], in a revision petition titled Zaitoon versus Commissioner, Srinagar Municipal Corporation (SMC) & others.

2. Briefly stated, the facts leading to the institution of this petition, filed under article 226 of the Constitution of India, are that pursuant to a complaint lodged by the inhabitants of Gogji Bagh, Srinagar, through respondent No.4, the Commissioner, SMC, vide his order dated 28-09-2021, sealed the premises of one Ashiq Hussain Masoodi, who was found running a crèche in the name of Oasis Child Development Centre in a residential area without permission. This order was assailed by the petitioner before the Tribunal in a revision petition. The revision petition was dismissed by the Tribunal vide order impugned on the ground that the petitioner had no locus standi to challenge the order of sealing, which was directed against one Ashiq Hussain Masoodi and not against her. It is against this order of the Tribunal that the petitioner has come up before this Court in these proceedings.

3. The impugned order is questioned primarily on the ground that

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