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2021 Supreme(J&K) 520

JAVED IQBAL WANI
Kuldeep Raj Gupta – Appellant
Versus
J. M. C. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jagpaal Singh, Advocate.
For the Respondent: Mr. S.S. Nanda, Sr. AAG.

ORDER :

Javed Iqbal Wani, J.

In the instant petition, the petitioner on the foundation of the case set up implores for the following reliefs: -

    (i) Certiorari for the quashment of the order No. 01/BS/2014, dated 24.04.2014 issued by the respondent No. 3 as the same has been issued by the respondent No. 3 in an illegal, arbitrary and malafide manner.

(ii) Declaring that the building permission in respect of the building namely Gopal Bhawan situated at Kachi Chhowni, Jammu is deemed to be accorded to the petitioner by the respondents.

(iii) Prohibiting the respondents including their employees and agents from interfering in the peaceful execution of development, renovation, strengthening and construction work of the property namely Gopal Bhawan situated at Kachi Chhowni, Jammu as per the proposed plan.

2. The background facts as stated in the petition, under the cover of which the petitioner claims the aforesaid reliefs are that the petitioner claims to have purchased commercial property namely “Gopal Bhavan,” situated at Kachi Chhowni, Jammu in an auction on 12.02.2009 for an amount of Rs. 1,51,00,000/- (Rupees One Crore Fifty One lacs only) after its auction had been ordered by the Hi

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