Research › Search › Judgment

High Court of Jammu and Kashmir · body

2021 DAILYLAW 814 (JK)

TEHMEENA AKHTER v. UNION TERRITORY OF J AND K THROUGH COMMISSIONER/ SECRETARY TO GOVT HOUSING AND URBAN DEPT. AND ORS

WP(C)/1023/2021 · 2026-06-02

M A Chowdhary

Writ Petition (Civil)body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 16 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1023/2021 Tehmeena Akhter (60 Years) W/O Amanullah R/O Bagh-i-Mehtab, Budgam …Appellant(s)/Petitioner(s) Through: Mr. Muneer Nisar, Advocate Vs. 1. Union Territory of J&K, through Commissioner/Secretary to Govt, Housing and Urban Development Dept. Civil Secretariat, Srinagar/Jammu 2. Commissioner, Srinagar Municipal Corporation, Srinagar 3. Chief Enforcement Officer, Srinagar Municipal Corporation, Srinagar 4. Enforcement Officer (South) Srinagar Municipal Corporation, Srinagar 5. Ward Officer, Ward No. 35, Srinagar Municipal Corporation, Srinagar 6. Station House Officer, P/S Nowgam, Srinagar 7. Amanullah S/O Mohammad Ayoub R/O Bagh-i-Mehtab District Budgam, Kashmir ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy.AG with Ms. Nowbahar, AC CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE. ORDER 02.06.2026 1. Petitioner, through the medium of this petition, seeks quashing of the Sealing Order No. SMC/ENF/2637-49 dated 17.05.2021, issued by respondent No. 2, whereby the structure of the petitioner was sealed under Clause 2.1.2(b) and 2.2.6 of Srinagar Municipal Corporation Building Byelaws 2011, placed under the superdari of respondent Nos. 5 & 6, as well as to restrain the respondent Nos. 2 to 6 from harassing the petitioner and also not to cause any sort of intereference over the peaceful possession, occupation and enjoyment of the residential house constructed by the petitioner on a piece of land measuring 11 Marlas under Survey No. 157/43 Mouza/Halqa Patwar Shankerpora, Chadoora, Budgam, way back in the year 2005-2007, in any manner, whatsoever. 2. Pursuant to notice, respondents filed their reply, wherein it has been submitted that the sealing order has been withdrawn and the building in question has been desealed vide order No. SMC/ENF/5132-40 dated 15.06.2021, as such, the grievance of the petitioner has been redressed, rendering the writ petition as infructuous. It has been further pleaded that, as per reports submitted by the Enforcement Officer, Srinagar Municipal Corporation, dated 12.11.2025, the structure was reportedly completed in the year 2015 and at the time of the completion of the structure, the local area was not under the Srinagar Municipal Corporation limits, as such, the construction has been raised before issuance of the Notification No. 219 dated 29.06.2016, incorporating the area within the jurisdiction of Srinagar Municipal Corporation. 3. Commissioner, SMC, has also sworn an affidavit in support of the aforesaid assertions, which has been filed on 01.08.2025. 4. In view of the pleadings on record, the fair stand taken by the respondents, and the withdrawal of the impugned sealing order, the grievance projected in the present petition no longer survives for adjudication. 5. Accordingly, the petition has been rendered infructuous and is disposed of, as such, alongwith connected application(s). (M. A. CHOWDHARY) JUDGE SRINAGAR: 02.06.2026 “Adil Ismail”