JUDGMENT :

Ali Mohammad Magrey, J.

1. The petitioner has filed this petition seeking quashing of order no.142 of 2020 dated 09.07.2020 issued by respondent no.3, Joint Commissioner (Planning), Srinagar Municipal Corporation, rejecting the application of the petitioner for grant of building permission. The petitioner has also prayed for a mandamus to direct the respondents to allow the petitioner to raise the commercial construction on the leased land, as per the plans submitted by him before respondent nos.1 to 3 on the principle of deemed permission and not to cause any kind of interference with the raising of the said construction in any manner, whatsoever.

2. The case of the petitioner is this: That in terms of lease deed executed on 08.08.2013, registered on 12.08.2013 by Sub-Registrar, Srinagar, land measuring 01 Kanal and 10 Marlas, falling under Survey no.695 min, Khewat No.3, Khata No.40 situate in Mouza Nursing Garh (Solina), Tehsil and District Srinagar, was leased out by Swami Tapna Nand Ji, Chaila of Swami Sukhanandji Saraswati, Mahant Narayan Mutt, Mandir Shivji, Solina, Srinagar, to the petitioner in consideration of an amount of Rs.1,00,000/- paid as premium before execution of the lease deed and in consideration of monthly rent of Rs.2,150/- for an initial period of 40 years on the terms and conditions incorporated in the lease deed. It is averred that in terms of the stipulations in the lease deed, the lessee-petitioner is authorised and empowered to raise construction of any commercial building viz. hotel, guest house, hostel etc. and to use and allow others to use the same without any interference from the lessor. There is a photocopy of a receipt dated 23.10.2013 placed by the petitioner on record of the petition showing that subsequent to the registration of the aforesaid lease deed, Swami Tapana Nand Ji purportedly received an amount of Rs.27,32,200/- from the petitioner representing as rent to the extent of Rs.25,54,200/- for 99 years and Rs.1.78 lacs as premium, extending the lease of 40 years to 99 years. It is further averred that vide another lease deed executed on 22.02.2019 and registered by the Sub-Registrar, Srinagar, on 10.03.2019, the above named lessor also leased out to the petitioner land measuring 10½ Marlas, falling in the very same Survey, Khewat and Khata Nos. in consideration of an amount of Rs.50,000/- paid as premium on monthly rent of Rs.1500/- for an initial period of 99 years on the terms and conditions incorporated therein. Thus, in total, land measuring 02 Kanals and ½ Marla is stated to have been leased out to the petitioner.

3. It is the further case of the petitioner that with a view to raising construction of commercial building on the aforesaid land, he, after obtaining NOCs from various authorities, including Electric Inspection Division, Srinagar, Kashmir; Sewerage and Drainage Division 2nd, Srinagar, Municipal Corporation, Srinagar; Assistant Commissioner (Nazool), Srinagar; PWD(R&B) Circle, Srinagar-Budgam, submitted the same to respondent no.1 under Submit No.7452 dated 26.12.2019. It is averred that after receiving the papers from the petitioner, respondent no.3, i.e, Joint Commissioner (Planning), Srinagar Municipal Corporation, wrote communication no.SMC/BS/L/1313-14 dated 03.02.2020 to Assistant Commissioner, Nazool, Srinagar, saying that the papers were deficient as regards NOC from him. According to the petitioner, in response thereto, respondent no.9, i.e. Tehsildar, Nazool, vide his communication no.302/BP/CAN/19 dated 18.02.2020, informed respondent no.2, i.e., the Commissioner, Srinagar Municipal Corporation, that the land was leased out to the petitioner and as per details put out in the revenue extracts, it was not Sarkar/Nazool land.

4. Thereafter, according to the petitioner, respondent no.3, instead of granting the building permission in favour of the petitioner for raising the construction of commercial building on the said land, vide order bearing no.142 of