ORDER :

MOHD YOUSUF WANI, J.

1. Caveat No. 156/2026 that came to be filed on behalf of One-Ghulam Nabi Malla S/O. Abdul Rahim Malla R/O. Sekidafar Safakadal Srinagar, who does not stand arrayed as respondent in the case, stands discharged vide order dated 16.02.2026.

2. Caveat No. 250/2026 filed by the respondents through their learned counsel Mr. Bikramdeep Singh, Ld. Dy. AG stands accordingly discharged with the appearance of the learned counsel concerned.

3. With the consensus of learned counsel for both the parties, the matter is taken up for final disposal at this threshold stage.

4. Through the medium of the instant petition having been filed in terms of the provisions of Article 226 of the Constitution of India, the petitioner has sought the issuance or Writs/Directions in the nature of Certiorari and Mandamus to the effect that the impugned order dated 11.02.2026 passed by the respondent No. 1 i.e. Jammu and Kashmir Special Tribunal While dismissing his interim application that came to be filed by him along with the main statutory appeal titled “Illyas Ahmad Khan versus SMC & Ors” bearing Case No. Appeal/2026/000292, dated 06.02.2026, impugning the demolition notice issued vide No. SMC/ENF/W/6818-26, dated: 04.02.2026 of respondents be quashed and set-aside and the respondents 2 to 6 be restrained from demolishing or otherwise interfering with his existing single storied residential house situated on a plot of land at Braripora Nowakadal, Srinagar, with further direction to the respondents particularly the respondent No. 4 to consider his case for regularization of existing residential house.

5. The case of the petitioner is that he is the owner in possession of a piece of land situated at Braripora Nowakadal, Srinagar, on which existed an old, dilapidated residential house which used to be the only source of shelter for him and his family. That while he intended to undertake repairs of his aforesaid dilapidated residential house, certain portions of the same collapsed requiring reconstruction or restoration thereof to the original shape. That the needful reconstruction/restoration process was undertaken by him strictly as per the Unified Building Bye-laws, 2021. That, however, to his bad luck, the respondents started interference with the process of his reconstruction which compelled him to approach the Court of Municipal Magistrate, Srinagar, with a civil original suit seeking injunction.

That the learned Civil Court passed an interim order thereby restraining the official respondents from causing any illegal interference or demolition to the suit property except under due process of law. That notwithstanding the pendency of the said suit and the passing of the interim direction therein, he came to be served with a show-cause notice during late evening hours on 02.02.2026 by the respondents calling upon him to show cause within 48 Hours as to why the construction, so raised in contravention of the provisions of the Act, be not altered/demolished/pulled down. That without affording him a reasonable opportunity of responding to the said show-cause notice, he came to be served with the final notice/order of demolition impugned in the appeal before the ld. Tribunal on 04.02.2026. That the time granted in between was illusory, mechanical, wholly insufficient and less than what was stipulated in the show- cause notice for him to gather documents, seek legal assistance or place the true factual position on record. That he has neither encroached upon any State laid nor infringed upon the rights of any private individual.

That the allegations contained in the impugned demolition notice are vague, self-contradictory, factually incorrect and unsupported by any cogent material. That the impugned notice does not disclose, with precision, the nature of the alleged violation, the specific provisions of the Act purportedly breached, thereby rendering the same arbitrary and legally infirm. That the impugned demolition notice/order is liable