Jammu & Kashmir High Court - Srinagar Bench
Mohammad Iqbal Wani vs J&K Lakes Conservation And Management on 30 May, 2022
Bench: Chief Justice, Moksha Khajuria Kazmi
Sr. No.53
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CJ Court
WP(C) No.1064/2022
Mohammad Iqbal Wani ...Petitioner(s)/Appellants.
Through: Mr. Z. A. Qureshi, Sr. Advocate, with
Ms. Razia Amin, Advocate.
Vs.
J&K Lakes Conservation and Management ....Respondent(s)
Authority & Ors.
Through: Mr. Satinder Singh Kala, AAG, for respondent no.1.
Mr. M. A. Qayoom, Advocate, with
Mr. Mian Muzaffar, Advocate, for respondents 2 to 4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
30.05.2022
01. Heard Mr. Z. A.Qureshi, learned senior counsel assisted by Ms. Razia Amin, Advocate, for the petitioner, Mr. Satinder Singh Kala, learned AAG, for respondent no.1 and Mr. M. A. Qayoom, learned counsel for respondents 2 to 4.
02. The petitioner has preferred this writ petition seeking a direction commanding the respondent no.1 i.e., J&K Lakes Conservation & Management Authority, to take appropriate action on the representation of the petitioner dated 22.04.2022 in accordance with the provisions of the Jammu & Kashmir Control of Building Operations Act, 1988 in respect of the illegal constructions allegedly raised by the private respondents 2 to 4 on the land in question. ____________________________________________________________________________ WP(C) No.1064/2022 1|Page
03. The aforesaid representation simply states that certain constructions are being raised on the land in question and, therefore, J&K LCMA, is requested to intervene in the matter and to stop improvements in the illegally raised house of the private respondents 2 to 4.
04. The petitioner has already filed a civil suit, File No.IA-I/2021, 63/N : Mohammad Iqbal Wani v. J&K Lake Conservation & Management Authority & three others, inter-alia praying that the defendant no.1-J&K LCMA be directed to take appropriate action under the Jammu & Kashmir Building Operations Act, 1988, particularly under Sections 7, 8 and 9 of the Act, against the private respondents 2 to 4 and to get the entire construction raised in violation of the provisions of the Act demolished.
05. In pith and substance, one of the prayers in the suit is similar and identical to the prayer made by the petitioner in the representation which he wants to be considered.
06. In view of the above, when the petitioner has already availed the remedy of civil suit, he cannot be permitted to represent or to seek a direction for decision on the representation having the same effect.
07. In the aforesaid background of the case, the court is not inclined to exercise its discretionary jurisdiction in the matter and leaves it open for the petitioner to press his representation, if he so desires, before the authority concerned.
08. The writ petition is disposed of accordingly.
(MOKSHA KHAJURIA KAZMI) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Srinagar
30.05.2022
Abdul Qayoom, Secy.
____________________________________________________________________________ ABDUL QAYOOM LONE 2022.05.31 04:14 WP(C) No.1064/2022 I attest to the accuracy and
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