Sr.No.23

Regular list

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) No. 1165/2020

Zahoor Ahmad Bhat and Others.

…Petitioner(s)

Through: Mr. Z. A. Qureshi, Sr. advocate with Ms. Raziya Amin, advocate.

V/s

Union Territory of JK and Others.

…Respondent(s)

Through: Mr. B. A. Dar, Sr. AAG.

Coram:

HON’BLE MR. JUSTICE ALI MOHAMMAD MAGREY,JUDGE.

HON’BLE MR. JUSTICE MOHD. AKRAM CHOWDHARY, JUDGE.

ORDER

08.12.2021

1. By the medium of the instant petition, the petitioners have prayed

for the following relief.

i.

Issue writ, direction or order in the nature of

mandamus commanding the respondents to decide the

application of the petitioners filed before the respondent

no. 1 on 31.07.2017 and the prayer made in the legal

notice dated 16.07.2020 issued through counsel of the

petitioners praying for cancellation of the permissions

granted to the respondents 2 to 6, keeping in view the

report of the Khilafwarzi Officer and the position on

spot and in consequence thereto.

ii.

Appropriate orders be passed viz-a-viz the applications

filed by the petitioners for grant of permission for grant

of permission for raising three residential houses on the

landed property, the level of which has been raised by

earth filling, thus becoming source of causing extensive

damage to the property of the petitioners and also in

consequence thereto.

iii.

The building permissions granted by the non-applicant

no. 1 in favour of non-applicant no. 6 under no.

MC/Ptn/BP/2443-47dated05.01.2020,

MC/Ptn/BP/517-

21 dated 27.06.2020 and no. MC/Ptn/BP/527-31 dated

29.06.2020 respectively be set aside.

2. The petitioners are aggrieved of the approach adopted by

respondent no. 1, in not proceeding against respondents 2 to 6,

with reference to the cancellation of permission.

3. It is submitted by the learned counsel for the petitioners that the

petitioners shall feel satisfied, if the instant petition is disposed of

with a direction to the respondent no. 1, to consider the

application/objections/legal notice submitted by the petitioner

seeking cancellation of the permission and pass appropriate orders

4. Mr. B. A. Dar, learned Sr. AAG, appearing for the respondents is

not averse to the preposition made by the learned counsel for the

petitioner.

5. On the consensus of the learned counsel for the parties, the instant

petition is disposed of with a direction to the respondent no. 1 to

accord consideration to the representation/objections/legal notice

of the petitioner vis-a-vis the permission granted to respondents 2

to 6, and pass appropriate orders thereon.

6. Disposed of on the above lines along with all CMs.

(MOHD. AKRAM CHOWDHARY) (ALI MOHAMMAD MAGREY)

JUDGE

JUDGE

SRINAGAR

08.12.2021

Shaista