HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU WP(C ) No.1643/2025 A Amit Mahajan and another ….petitioners Through :- Mr. Sandeep Singh Advocate. V/s UT of J&K and others Through :- CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE JUDGMENT(ORAL) 1 By this petition filed under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus directing respondents No. 2 and 3 i.e., Jammu & Kashmir Housing Board and its competent authority to issue a No Objection Certificate (NOC) for the sale of Plot No. 14 A/C Gandhi Nagar, Jammu, measuring 75x120 sq.ft., along with a strip of land measuring 1125 sq.ft. and excess land measuring 315.37 sq.ft., situated in Housing Colony, Gandhi Nagar, Jammu. 2 The case of the petitioners is that the allotment of the aforesaid plot was made vide Government Order dated 24.10.1960 in favour of Mr. Abdul Samad Pandit and sons. A Class-D deed dated 28.10.1960 was executed by the then Sadar-e-Riyasat in favour of the said allottee. Upon the demise of the original allottee, the legal heirs of Mr. Abdul Samad Pandit entered into a deed of family settlement dated 08.04.2004, whereby the subject property came to the share of Mr. Abdul Rashid Pandit, one of the sons and legal representatives of the original allottee. 3 Subsequently, vide two duly registered sale deeds dated 03.06.2004, the said Abdul Rashid Pandit transferred ownership rights of the 2 said property in favour of the present petitioners, namely, Mr. Amit Mahajan and Mr. Sumit Mahajan. Thereafter, the ownership and title of the petitioners over the subject property stood duly recognized and mutated in the records of the Jammu & Kashmir Housing Board vide its communication dated 27.10.2021. In pursuance of such recognition and transfer, the petitioners deposited an amount of Rs.14,22,764/- with the Housing Board, towards transfer charges, the receipt whereof has been placed on record. 4 The petitioners, being the rightful owners in possession of the property, applied to the respondents for issuance of NOC for the sale of the property. However, despite submitting all the requisite documents and applying online as per procedure, the respondents have failed to issue the NOC or assign any reasons for withholding the same. Copies of the online application and status report have been annexed to the petition. 5 Heard learned counsel for the petitioners and perused the record. 6 In the facts and circumstances of the case, this Court is of the considered view that the petitioners, having lawfully acquired the property through valid sale deeds and being in recognized possession of it, are prima facie entitled to have their request for a No Objection Certificate (NOC) considered under the applicable norms. The records clearly indicate that the Housing Board itself has acknowledged the transfer in favour of the petitioners, and substantial sums have already been deposited by them to that effect. 7 The Housing Board, being a statutory body and public authority, is under a legal obligation to act fairly, transparently, and in accordance with the settled principles of administrative law. Failure to consider a duly filed 3 application without assigning any reasons is contrary to the fundamental principles of fairness and reasonableness enshrined in Article 14 of the Constitution. 8 Since the relief sought is limited in nature and does not involve adjudication of disputed questions of fact or law at this stage, and in the interest of expeditious justice, this Court deems it appropriate to dispose of the present writ petition at the threshold itself, without issuing formal notice to the respondents. 9 Accordingly, this writ petition is disposed of with a direction to respondent Nos. 2 and 3, namely, the Jammu & Kashmir Housing Board and its competent authority to consider the petitioners’ request for issuance of No Objection Certificate for the subject property strictly in accordance with the applicable rules/regulations, and pass a reasoned and speaking order thereon within a period of four (04) weeks from the date of receipt of a certified copy of this order. 10 It is made clear that this Court has not expressed any opinion on the merits of the claim, and the competent authority shall be at liberty to decide the matter as per the rules applicable. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 04.07.2025 Sanjeev whether approved for judgment: Yes/No