MOHAMMAD KHALIL(LADAKH CASE) v. UNION TERRITORY OF J AND K (HOUSING AND URBAN DEVELOPMENT DEPARTMENT) AND ORS
WP(C)/70/2025 · 2025-02-10
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6085 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6085 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) No. 70/2025
Mohammad Khalil ……...Petitioner(s) Through: Mr. SuhailMehraj, Advocate vice
Mr. BhatFayaz, Advocate
Versus
Union Territory of J&K and Others. ……Respondent(s) Through: Ms. Yasmeen Jan, Advocate vice
Mr. T. M. Shamsi, DSGI
CORAM:
HON’BLE MR. JUSTICE MOHAMMAD YOUSUF WANI, JUDGE
ORDER 10.02.2025
1. The grievance of the petitioner is that private respondent no. 5 has been raising a construction at Balti Bazar, Kargil near Masjid-e-Hanfia in violation of the Municipal Laws as he has not obtained the requisite permission from the respondent No. 4. At the first hearing of the case it was found that the petition does not reveal as to where the alleged illegal construction is being raised by the respondents No. 5 pursuant to which the petitioner was directed to file a personal affidavit so as to indicate the exact location of the alleged construction. The requisite supplementary affidavit has been filed on 03.02.2025 on behalf of thhe Serial No. 5 Regular Cause List
petitioner in which he has mentioned that subject structure is being raised at Balti Bazar, Kargil near Masjid-e-Hanfia.
2. Private respondent No. 4 is yet to be issued notice in the case. However, in the facts and circumstances of the case, this court is of the opinion that matter can be disposed of by passing of appropriate orders at this threshold stage which shall not prejudice the interests of the respondents.
3. Accordingly, the instant petition is disposed of at this stage with the direction to the respondent No. 4-Executive Officer, Municipal Committee Kargil, Ladakh that he shall verify the matter contained in the petition and ensure that no construction is being raised by the respondent No. 5 within the Municipal limits of the Kargil requiring a prior permission, and in accordance with the terms and conditions of such permission.
4. Disposed of.
(MOHAMMAD YOUSUF WANI) JUDGE Srinagar 10.02.2025
“Shaista-PS”