SUNIL KUMAR v. JAMMU MUNICIPAL CORPORATION TH ITS COMMISSIONER AND OTHERS
WP(C)/2913/2025 · 2025-10-17
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12803 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12803 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 2913/2025
Sunil Kumar
..... Petitioner(s)/Appellant(s)
Through :- Mr. Sajad Sarwar Dar, Advocate
Vs
Jammu Municipal Corporation and Ors. .....Respondent(s)
Through :- Mr. Srijan Mahajan, Advocate
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 17.10.2025
01. Through the medium of the instant petition, the petitioner has called in question order dated 25.07.2023 after a lapse of more than two years, without justifying the delay in approaching this Court. When confronted with the maintainability of the instant petition, learned counsel for the petitioner fairly submits that the said order has already been challenged before the learned Tribunal, though he is unaware of the outcome of those proceedings. It thus appears that the petitioner, without awaiting the decision of the learned Tribunal, has prematurely filed the present petition and has also failed to explain the delay in challenging the impugned order.
02. In view of the above, the writ petition is held to be premature and not maintainable, as the petitioner has already availed the remedy before the appropriate authority. Accordingly, the petition is dismissed as being premature and not maintainable. However, the petitioner will be at liberty to pursue the remedy before the said authority. The dismissal of the instant writ petition shall not come in the way of the writ petitioner to file a fresh petition, in case of Sr. No. 165
2 | P a g e WP(C) No. 2913/2025
accrual of cause of action after the culmination of the proceedings initiated before the learned tribunal. Entertaining the instant writ petition at this stage would tantamount to allowing the petitioner to pursue two remedies simultaneously, which is not permissible under law.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU 17.10.2025 Mihul
Mihul Singh 2025.10.17 17:40 I attest to the accuracy and integrity of this document