AIJAZ AHMAD SIDEEQI AND ANR. v. BUILDING OPERATIONS CONTROLLING AUTHORITY AND ORS.
RP/36/2023 · 2025-04-07
Puneet Gupta, Sanjeev Kumar
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7058 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7058 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 1 Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR RP No. 36/2023
Aijaz Ahmad Sideeqi & Anr. …Petitioner(s)/Appellant(s) Through: Mr. Hakim Suhail Ishtiaq Hussain, Adv. Vs. Building Operations Controlling Authority & Ors. ...Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
O R D E R 07.04.2025
This review petition by the petitioners is directed against our order dated 4th April 2023 passed in OWP No. 1634/2018, whereby this Court after observing that the order impugned was appealable under sub-Section 2 of Section 253 of the Municipal Corporation Act, 2000 dismissed the petition with liberty to the petitioners to avail the alternative remedy.
Learned counsel for the review petitioners could not dispute the aforesaid position. He, however, submits that since the order impugned passed by Srinagar Municipal Corporation was without jurisdiction and, therefore, the petitioners had invoked the writ jurisdiction of this Court. We had considered all these aspects and passed the order relegating the petitioners to the remedy of appeal before the appellate authority. Prima facie, we are not convinced that the order impugned is without jurisdiction. However, we leave it to the appellate forum to consider this aspect of the matter also while disposing of the appeal, if any, filed by the review petitioners. The review petition is dismissed leaving it open to the petitioners to avail appropriate remedy. It is further provided that in case the petitioners avail the remedy of appeal, the period spent by the petitioners in this Court in WP (C) No. 1634/2018 and in this review petition shall not be reckoned for the purposes of limitation.
(PUNEET GUPTA) (SANJEEV KUMAR)
JUDGE JUDGE SRINAGAR: 07.04.2025 Altaf Mohd Altaf Nima I attest to the accuracy and authenticity of this document 07.04.2025