Serial No. 08

Regular Causelist

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

OWP No. 281/2014

c/w CPOWP No. 495/2017

Mohammad Yousuf Wani & Ors.

….. Petitioner(s)

Through: -

Mr Onkar Singh, Advocate.

V/s

State of JK & Ors.

….. Respondent(s)

Through: -

Mr M.A. Chashoo, AAG.

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge.

Hon’ble Mr Justice Mohd. Akram Chowdhary, Judge.

ORDER

20.12.2021

Aggrieved of the notice issued by the Executive Magistrate 1^st Class,

Charar-i-Shareef, asking the petitioners to show cause as to why action be not

taken against them for having illegally raised the construction, mention

whereof is made in the notice, have challenged the same through the medium

of the instant writ petitiopn.

Petitioners instead of approaching the Executing Magistrate have

filed the instant writ petition and pending decision in the writ petition, no

decision in the matter is taken.

No useful purpose can be achieved by keeping in the instant petition

pending, instead it shall be appropriate to grant liberty to the petitioners to file

reply to the show cause notice already issued by the Executive Magistrate 1^st

Class, Charar-i-Shareef, within two weeks to facilitate the decision in the

matter.

In the above background, this writ petition is disposed of with liberty

to the petitioners to file objections to the impugned show cause notice before

the Executive Magistrate 1^st Class, Charar-i-Shareef, within two weeks and

on receipt, Executive Magistrate, shall consider the objections and decide the

matter and pass appropriate orders after granting opportunity of being heard

to the petitioners.

Writ petition disposed of on the above terms.

CPOWP No. 495/2017:

With the disposal of the writ petition, contempt petition shall stand

disposed of as settled.

(Mohd. Akram Chowdhary) (Ali Mohammad Magrey)

Judge

Judge

SRINAGAR:

20.12.2021

<Hamid=

ABDUL HAMID BHAT

2021.12.20 15:19

I attest to the accuracy and

integrity of this document