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WASIM SADIQ NARGAL
Tanzeem Khursheed Zargar – Appellant
Versus
J&K Special Tribunal – Respondent
JUDGMENT
1. Petitioner is aggrieved of the order dated 02.05.2022 passed by Respondent No.1-J&K Special Tribunal Srinagar, whereby the Tribunal has rejected the Application of the petitioner for not impleading him as a necessary party and has allowed the appeal by directing the Municipal authorities to consider the regularization of the minor deviations, if any, made by the private respondents 5 to 8 under the enabling provision of Master Plan-2035 and the J&K Unified Building Bye-Laws.
FACTS
2. Brief facts of the case, which led to filing of the present writ petition under Article 226 of the Constitution of India by the petitioner is that the petitioner and the private respondents are living in the close vicinity of each other and are in possession of the proprietary land. The case of the petitioner is that in the year 2021, the private respondents 5 to 8 started dumping of building material for renovation of their old structure and feeling aggrieved of the same, the petitioner approached the civil court by way of the suit and the learned court directed the parties to maintain status quo. However, the private respondents subsequently produced the permission/sanction granted by Munici
The main legal point established in the judgment is that a petitioner cannot initiate parallel proceedings on the same subject matter by filing a writ petition while already having initiated an appea....
Suppression of material facts and failure to join necessary parties render a writ petition untenable; fraud on the court mandates dismissal of the case.
Suppression of material facts disentitles a party to invoke equitable jurisdiction under Article 226 of the Constitution of India.
Point of law: Jurisdiction of this Court under Article 226 of the Constitution of India is discretionary. Unless this Court is convinced that a person has approached it with clean hands, it is under ....
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