JUDGEMENT

1. The Building Operations Controlling Authority, Municipal Area, Jammu, through its Commissioner along with Joint Commissioner (A), Jammu Municipal Corporation, Jammu, has invoked the extraordinary writ jurisdiction of this court enshrined in Article 226 of the Constitution seeking a writ of Certiorari for quashing order dated 10.7.2020 (for short the impugned order) passed by J&K Special Tribunal/respondent 2 herein (for short the Tribunal) in appeal titled as "Shri Vikas Gupta versus Joint Commissioner (A)”.

2. The background facts under the shade and cover of which the instant petition has been filed would reveal that the respondent 1 herein while possessing a plot of land measuring 3637 sft. situated at Ambedkar Chowk (Panama Chowk), Jammu, came to be granted permission for raising commercial construction by the petitioner 1 herein in terms of Order no. 1102/BS/2010, dated 24.11.2010.

3. The respondent 1 herein in the process of raising the commercial construction under and in terms of order dated 24.11.2010 committed violations of the same as also of the rules and byelaws, resulting into issuance of a show-cause-notice dated 01.2.2012 under and in terms of section 7(1)