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2025 DAILYLAW 2256 (JK)

MANMOHAN SINGH AND ANOTHER v. JAMMU MUNICIPAL CORPORATION JAMMU AND OTHERS

WP(C)/440/2025 · 2025-02-24

Moksha Khajuria Kazmi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 6 HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT JAMMU WP (C) No. 440/2025 CM No. 1011/2025 Manmohan Singh and Anr. …. Petitioner(s) Through:- Mr. Gagan Kohli, Advocate. V/s Jammu Municipal Corporation and Ors. …..Respondent(s) Through:- Mr. Rajneesh Raina, Advocate. CORAM : HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 24.02.2025 1. In the instant petition, the petitioners have challenged order No. 1516/JMC/BS/2021 dated 12.03.2022 passed by respondent No. 2, whereby building permission has been issued in favour of respondent No. 3. 2. It is stated by the learned counsel for the petitioners that the petitioner No. 01 is social worker and is also running a tent house from Nanak Nagar, Jammu. The petitioner No. 2 is a retired Sub- Inspector from J&K Police and both are the residents of Nanak Nagar Colony, Jammu. 3. The grievance of the petitioners is with respect to the construction being raised by respondent No. 03 in Khasra No. 933 min of Preet Nagar, near CRPF Camp, Jammu. The respondent No. 3 has raised four stories including a basement floor and stilt floor on the said plot of land. It is further stated that the said building is to be utilized 2 WP (C) No. 440/2025 for commercial purpose whereas the permission has been granted by JMC for the residential purposes only. 4. It is stated by learned counsel for the petitioner that revision petition was filed by the petitioners challenging the permission granted to the respondent no. 3 before the learned Special Tribunal Jammu, however the same was withdrawn being not maintainable. 5. Learned counsel for the petitioner has further stated that the petitioners would feel satisfied if the instant petition is considered as representation by respondent No. 1 and 2 within a reasonable period of time. 6. In view of the above, the present writ petition is disposed of with a direction to the respondent Nos. 1 and 2 to consider the petition filed by the petitioners as representation. Respondent Nos. 1 and 2 are further directed to consider the grievance of the petitioners within a period of four weeks from the date, a certified copy of this Order along with copy of writ petition and its annexures are served on respondent Nos. 1 and 2. 7. Disposed of. (Moksha Khajuria Kazmi) Judge JAMMU 24.02.2025 Tarun/PS