Jammu & Kashmir High Court - Srinagar Bench
Sheikh Mukhtar Ahmad & Anr vs J&K Spl. Tribunal & Ors on 2 March, 2023
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Item No. 68
Supp. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 395/2023
CM No. 910/2023
Caveat No. 365/2023.
Sheikh Mukhtar Ahmad & Anr.
... Petitioner(s)
Through: Mr. Nissar Ahmad Bhat, Advocate.
Vs
J&K Spl. Tribunal & Ors.
... Respondent(s)
Through: Mr. M. I. Qadri, Sr. Advocate with
Mr. Sajid, Advocate. (R-6 & 7)
Mr. Moomin Khan, Advocate. (R-2-5)
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
02.03.2023 In the instant petition, petitioners are aggrieved of the order dated 22 nd February, 2023, passed by the learned Special Tribunal, Srinagar, whereby the revision petition filed against the building permission granted by the Srinagar Municipal Corporation vide No. SMC/2022/823 dated 25.10.2023, in favour of the private respondents was dismissed.
Learned counsel for the petitioner submitted that the learned Tribunal has proceeded to dismiss the revision petition without considering the fact that private respondents under the garb of the building permission have demolished the common staircase in order to prevent the petitioner to approach upper story of his shop.
Mr. Qadri, learned Sr. counsel who is on caveat enters appearance and waives notice on behalf of the respondent No. 6 & 7. Mr. Moomin Khan, Advocate waives notice on behalf of respondent No. 2-5.
It is urged by Mr. Qadri, learned Sr. counsel for the private respondents that the petitioner has been given liberty by the learned Special Tribunal to approach the Commissioner SMC, Srinagar for redressal of his grievances but instead of approaching the Commissioner SMC, Srinagar he has rushed to this Court. He also submitted that in view of Section 248 of Municipal Corporation Act and Rule 2.14.2 of J&K Building Bye Laws, the instant writ petition is not maintainable.
During the course of arguments it has come to fore that the subject matter of the writ petition is already pending adjudication before the civil court wherein the status-quo order has been passed with respect to the building permission in question.
In view of above, Mr. Qadri, learned Sr. counsel has undertaken that respondent No. 6 & 7 shall not take-up any activity at the site under the garb of the permission in question till the subsistence of the order of status-quo passed by the civil court.
List on 13th April, 2023.
(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 2nd,March,2023.
"Ab. Rashid"