HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No.95/2023 Jai Pal ….. Petitioner(s) Through: Mr. Rakesh Chargotra, Advocate Vs UT of J&K & Ors. .….Respondent(s) Through: Mr. S. S. Nanda, Sr. AAG Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (06.10.2025) CM No.596/2025 1. This is an application filed on behalf of legal heirs of deceased-petitioner for substituting themselves as petitioners. The applicants have placed on record copy of the death certificate of petitioner-Jai Pal. As per the said certificate, the petitioner is stated to have died on 01.01.2025. The application has been made on 05.02.2025. Thus the application has been made within the prescribed period of limitation. 2. Having regard to the nature of the relief sought in the writ petition, the right to sue survives upon the legal heirs of deceased-petitioner. The applicants happen to be sons, Serial No. 27 2 WP(C) No.95/2023 widow and daughter of petitioner-Jai Pal. Therefore, they have the right to prosecute the writ petition. 3. Accordingly, the application is allowed and applicants, namely, Ajay Bhardway, Vikas Bhardwaj, Swarn Kanta and Anamica Bhardwaj are substituted as petitioners in the writ petition. 4. The application stands disposed of. WP(C) No.95/2023 1. The petitioner, through the medium of present petitioner, has sought a direction upon respondents No.1 to 4 to perform their statutory obligations under the J&K Control of Building Operation Act, 1988 and to take necessary action against private respondent No.5 pursuant to Demolition Notice No.MCA/2021/2049-54 dated 08.01.2022, by demolishing the illegal construction raised by him at Ward No.13, Akhnoor. 2. Having regard to the nature of the relief that has been sought by the petitioners in the present petition, the petition can be disposed of at this stage without calling for any reply from the respondents by extending appropriate directions to the official respondents. 3. Accordingly, the writ petition is disposed of with a direction to respondents No.3 and 4 to take all necessary steps with a view to prevent illegal construction alleged to have made by respondent No.5 on the spot. If the 3 WP(C) No.95/2023 construction is being raised by the said respondent pursuant to any valid permission, respondents No.3 and 4 shall ensure that the construction is raised on spot strictly in accordance with the permission. 4. Petition stands disposed of. (SANJAY DHAR) JUDGE JAMMU 06.10.2025 Sneha