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2025 DAILYLAW 13289 (JK)

MANZOOR AHMAD BHAT AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT DEPARTMENT)

WP(C)/2773/2021 · 2025-10-17

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S.No. 04 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2773/2021 CM(8615/2021 MANZOOR AHMAD BHAT AND ORS.(SENIOR CITIZEN). …Petitioner(s) Through: Mr. P.S. Ahmad, Advocate Mr. Arshid Ahmad, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. Through: Mr. Illyas Nazir Laway, GA. …Respondent(s) Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 17.10.2025. 01. The petitioners are aggrieved of the order dated 22nd December, 2021, whereby Respondent No. 6 had requested Respondent No. 5 to issue notices to the alleged violators who have raised unauthorized constructions. 02. Learned counsel for the petitioners has submitted that the petitioners had raised the construction prior to the issuance of the Circular dated 30th November, 2023. 03. Despite opportunities, the respondents have not chosen to file a response to the petition. However, Mr. Ilyas Laway, learned counsel appearing for the respondents, has submitted that the petitioners can project their case before Respondent No. 5/ concerned authority and the case/claim projected by them shall be considered by the respondent/authority in accordance with law before taking any coercive action, including demolition. 05. In view of the above, the present petition is disposed of by permitting the petitioners to place their case along with the NOCs and a copy of this petition before the concerned authority, i.e., Respondent No. 5/concerned authority within a period of one month. 06. Thereafter, the respondents–competent authority shall consider the same and proceed strictly in accordance with law. Till such consideration is made, the construction raised by the petitioners shall not be demolished by the respondents. 07. Disposed of. (Rajnesh Oswal) Judge SRINAGAR 17.10.2025. Showkat Khan