JUDGMENT :

WASIM SADIQ NARGAL, J.

Brief Facts:

1. The instant petition has been preferred by the Joint Commissioner Municipal Corporation Jammu, wherein the petitioner has sought indulgence of this Court and seeking quashment/setting aside of the order dated 25.05.2023 passed by the Learned J&K Special Tribunal, Jammu, in file No. STJ/59/2022 by virtue of which, as per the petitioner, the mandatory provisions have been ignored and the Tribunal has exceeded its jurisdiction.

2. Till date, no notice has been issued in the instant case and on the other hand this court vide order dated 12.07.2023 has directed the Commissioner Jammu Municipal Corporation, to show the authority delegated by the Building Operation Controlling Authority, Municipal Area, Jammu, in his favour for the purpose of challenging the judgment of the Jammu & Kashmir Special Tribunal, Jammu. This Court vide order dated 12.07.2023 has been pleased to observe as under:

“5. Now, whether as a Chairman of the Building Operation Controlling Authority, Municipal Area, Jammu, the Commissioner, Jammu Municipal Corporation at his own discretion can choose to decide to assail an adjudication of an appeal under section 7 of the Contr