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2025 DAILYLAW 3397 (JK)

GURMEET SINGH v. JAMMU MUNICIPAL CORPORATION TH ITS COMMISSIONER AND OTHERS

WP(C)/1319/2025 · 2025-05-26

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 1319/2025 CM No. 3130/2025 Gurmeet Singh Age 59 years S/o Late S. Amar Singh R/o H. no. 1132, Sector-8, Nanak Nagar, Tehsil & District Jammu …..Appellant(s)/Petitioner(s) Through: Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Gagan Kohli, Advocate. Vs 1. Jammu Municipal Corporation Town Hall, Jammu Through its Commissioner Town Hall, Jammu. 2. Deputy Commissioner (S) Jammu Municipal Corporation Town Hall, Jammu. 3. Enforcement Officer Jammu Municipal Corporation. .….Respondent(s) Through: Mr. Mayank Gupta, Advocate. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (26.05.2025) 01. This petition is disposed of at the very outset given the fact that the impugned notice issued by the Deputy Commissioner (S), Municipal Corporation, Jammu purportedly acting in terms of section 258 read with 253(1) of the Jammu & Kashmir Municipal Corporation Act, 2000 is addressed to one Sardar Gurmeet Singh qua property of House No. 437/A Gandhi Nagar, Jammu which Serial No. 97 2 WP(C) No. 1319/2025 CM No. 3130/2025 property incidentally does not belong, be it in terms of ownership and possession to the petitioner - Sardar Gurmeet Singh but to Smt. Harvinder Kour W/o Gurmeet Singh who by virtue of the registered sale deed dated 30.10.2024 purchased the property from erstwhile owner Mr. Sager Kudyar. 02. The property purchased is identified to be measuring 5.37 marlas (1462.5 sqft.) and delineated in the site map accompanying the sale deed. The location of the property purchased by Smt. Harvinder Kour is in Ward No. 21, Jammu Municipal Corporation. 03. Since, the impugned notice came to be addressed to Sardar Gurmeet Singh, as such, the petitioner is also none else than Gurmeet Singh but in the face of the fact that the owner of the property in reference forming subject matter of the impugned notice is not Gurmeet Singh but Smt. Harvinder Kour, as such, the exercise undertaken by the Deputy Commissioner (S), Municipal Corporation, Jammu in terms of impugned notice No. JMC/DC (S)/ENF/512-16 dated 21.04.2025 read with impugned notice No. JMC/ENF/562-66 dated 20.05.2025 is rendered self-negated. 04. Therefore, this writ petition is disposed of by setting aside the two impugned communications by letting the Jammu Municipal Corporation (JMC) or its authorized officers to proceed in the matter, if they desire to so proceed, only by reference to the 3 WP(C) No. 1319/2025 CM No. 3130/2025 owner of the property who has come to be named in accordance with law. 05. Disposed of alongwith connected application(s). (RAHUL BHARTI) JUDGE JAMMU 26.05.2025 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2025.05.30 12:32 I attest to the accuracy and integrity of this document Jammu