Serial No. 190 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2173/2025 CM 5732/2025 Fazal Mubeen …Petitioner(s)/Appellant(s). Through: Mr. Fahdul Haq, Advocate with Ms. Idda Bashir, Advocate. Vs. Commissioner, SMC Srinagar and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 03.09.2025 1. Heard. 2. The case of the petitioner in nutshell is that he has filed an appeal before the J&K Special Tribunal, Srinagar impugning a demolition notice bearing No. SMC/ENF/E/1864-70 dated 21.08.2025 issued by the respondent No. 3. That as per the impugned demolition notice, he is alleged to have violated the building permission by way of unauthorizedly undertaking construction of single room quarter. That the main appeal is still pending before the learned Special Tribunal when the interim application has been dismissed through the order impugned dated 29.08.2025. That with the dismissal of the interim application, his appeal pending before the learned Tribunal stands rendered infructuous as there is every apprehension of the execution of the impugned demolition notice by the respondents. The petitioner has accordingly sought for issuance of directions/writs in the nature of certiorari and mandamus to the effect that the impugned order dated 29.08.2025 passed by the J&K Special Tribunal, Srinagar, may be set aside with the direction to the respondents 1 to 4 that they shall not cause any demolition of his single-room quarter situated on land measuring 01 kanal 14 marlas in Mouza Humahama, Tehsil and District Budgam. 3. It is submitted by the learned counsel for the petitioner that his pending appeal before the learned Special Tribunal has merit as the allegations against him of unauthorizedly undertaking construction of single room quarter is baseless and far from facts. He further contended that with the dismissal of the interim application, his pending appeal before the learned Special Tribunal has become infructuous and in case the demolition notice bearing No. SMC/ENF/E/1864-70 dated 21.08.2025 mentioned in the said appeal is executed, the petitioner shall suffer an irreparable loss. 4. In the facts and circumstances of the case and having regard to the relief sought in this petition, this Court is of the opinion that matter can be disposed of even at this threshold stage by passing of such appropriate orders which are not likely to prejudice the rights and interests of any of the parties. 5. Accordingly, the instant petition is taken up for final disposal and is disposed of at this stage with the direction that the parties shall maintain status-quo on spot with respect to the subject matter of the impugned demolition notice pending disposal of the petition by the learned Special Tribunal. 6. It is made clear that in case of the violation of the order of status-quo by the petitioner, this order shall be deemed to have been withdrawn. 7. Disposed of. 1. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 03.09.2025 “Shahid Manzoor”