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2025 DAILYLAW 10748 (JK)

RIYAZ AHMAD WANI AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (TOURISM)

WP(C)/3317/2025 · 2025-12-30

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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Serial No. 190 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) WP(C) 3317/2025 CM(8932/2025) Riyaz Ahmad Wani & Anr. …Petitioner(s) Through: Mr. Sheikh Manzoor, Advocate. Vs. Union Territory of J&K and Others. ...Respondent(s) Through: Mohsin S. Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel. CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 30.12.2025 01. The petitioners have preferred the instant petition being aggrieved of the non-consideration of their request for the grant of the building permission for residential purposes by the respondent-Pahalgam Development Authority, despite the fact that the petitioners have obtained all the requisite NOC(s) from all the concerned departments. Since the Pahalgam Development Authority has not accorded due consideration to the application which, as stated by the learned counsel for the petitioners, has been preferred by the petitioners in June, 2025 after fulfilling all the requisite formalities and payment of requisite fee, the instant writ petition has been preferred by the petitioners. 02. After arguing for a while, learned counsel appearing on behalf of the petitioners submits that he would feel satisfied if the instant writ petition is disposed of at this stage with a direction to the respondent No. 3-Chief Executive Officer/Member Secretary, Pahalgam Development Authority (PDA), Pahalgam, to accord consideration to the application which has been preferred by the petitioners in June, 2025, within some reasonable timeframe, to which Mr. Mohsin S. Qadri, learned Senior Additional Advocate General who has caused appearance, on the asking of the Court, is not averse. However, he submits that the application of the petitioners would be considered in accordance with the rules and as per law and if there is no other legal impediment. 03. Heard learned counsel for the parties at length and perused the material on record. 04. With the consent of the learned counsel for the parties, the present writ petition is taken up for final disposal at this stage as an innocuous prayer has been made by the learned counsel for the petitioners. 05. Accordingly, the writ petition is disposed of with a direction to the respondent No. 3-Chief Executive Officer/ Member Secretary, Pahalgam Development Authority (PDA), Pahalgam, to accord due consideration to the application alleged to have been filed by the petitioners in June, 2025 after fulfilling all the requisite formalities and paying the requisite fee, within a period of six weeks, from the date of receipt of copy of this order along with copy of writ petition and the annexures appended thereto, strictly in conformity with the rules and as per law, provided there is no other legal impediment. 06. The order of consideration which is likely to be passed by the respondent No. 3, be forwarded to the petitioners by registered post. 07. Writ petition disposed of along with connected application(s) in the manner as indicated above. (Wasim Sadiq Nargal) Judge SRINAGAR: 30.12.2025 “HAMID”