Serial No. 4 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 365/2025 Tariq Ahmad Malik and Anr. ….. Appellant/petitioner(s) Through: - Mr. Adnan Fayaz, Advocate V/S J&K Special Tribunal and Ors. ….. Respondent(s) Through: - Mr. Bikramdeep Singh, Dy. AG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 01.09.2025 01. By this petition, petitioners herein, are aggrieved of the dismissal of the interim application filed by them before the respondent No. 1, learned J&K Special Tribunal, Srinagar. 02. Learned counsel for the petitioners’ states that the petitioners are owners of the property in question and the same has been raised after obtaining a valid permission vide order No. 2594 dated 05.07.2017 for restoration of Double Storied building with attic on existing plinth without any change in shape, size and height and without dismantling the existing structure. The respondent-Municipality has issued a demolition notice under Section 253(1) of the Municipal Corporation Act, 2000, dated 11.08.2025, against the petitioners. 03. Learned counsel for the petitioners’ states that the demolition notice supra has been issued against the petitioners on the ground that the petitioners have converted the structure into commercial without Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document proper permission from the competent authority. It is stated that the demolition notice has been issued without following the mandate of law and without adhering to principles of natural justice, which constrained the petitioners to challenge the demolition notice dated 11.08.2025, before the J&K Special Tribunal, Srinagar. However, the interim application of the petitioners has been dismissed without considering the appeal filed by the petitioners. 04. Mr. Bikramdeep Singh, learned Dy. AG states that the show cause notice was issued to the petitioners on 07.08.2025, which was duly received by them on 08.08.2025, wherein 48 hours was granted to the petitioners to show cause as to why the structure may not be demolished, the petitioners chose not to file response, however, the same submission has been controverted by learned counsel for the petitioners. Mr. Bikramdeep Singh, learned Dy. AG has further stated that the petitioners have already preferred a suit before the learned Municipal Magistrate concerned, wherein interim order of status quo has been passed on 05.08.2025, on the same cause. 05. Learned Counsel for the petitioners has stated that in case the respondents would demolish the structure being raised by the petitioners in terms of demolition notice dated 11.08.2025, the appeal filed by the petitioners before the J&K Special Tribunal, Srinagar shall render infructuous. 06. The petitioners herein have challenged the impugned order only to the extent of interim application of the petitioners, which as stated has not been considered properly. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 07. Be that as it may, the instant petition is disposed of with a direction to learned J&K Special Tribunal, Srinagar to consider and decide the appeal filed by the petitioners under the provisions of Section 256(2) of J&K Municipal Corporation Act, 2000 expeditiously more preferably within a period of one month from the date of passing of this order. 08. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 01.09.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document