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2025 DAILYLAW 9324 (JK)

JAVAID AHMAD SHEIKH v. UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT / REVENUE)

WP(C)/2750/2023 · 2025-06-05

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

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WP(C) No. 2750/2023. Serial No.57 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 3523/2025 WP (C) No. 2750/2023 Javaid Ahmad Sheikh. ….. Petitioner(s) Through: - Mr. M. Iqbal Dar, Advocate. V/s Union Territory of J&K and others. ….. Respondent(s) Through: - Mr. Saqib Shabir, Advocate. Ms. Rahila Khan, A. C. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 05.06.2025 1. Today, only CM No. 3523/2025, is listed before this Court but on the consensus of learned counsel, appearing on behalf of contesting parties, the main matter is taken up for consideration. 2. Heard Mr. M. Iqbal Dar, learned counsel for the petitioner and Mr. Saqib Shabir, Advocate for the respondent No.7. During the course of hearing, learned counsel for contesting parties have arrived at a consensus that the impugned order dated 1st November, 2022, passed by the respondent No. 3, be quashed and the respondent No. 7 be granted liberty to approach the competent authority for grant of building permission in accordance with law. 3. In view of the stand taken by learned counsel for contesting parties, order dated 1st November, 2022, issued by the respondent No. 3 is quashed and the respondent No. 7 is left free to approach the competent authority within a period of two weeks for grant of building permission for raising construction of structure at Mughal Road Shopian in accordance with law. Till then neither the respondent No. 7 shall raise any sort of construction nor WP(C) No. 2750/2023. shall the official respondents take any coercive measure against the respondent No.7. 4. Needless to say that the official respondents are at liberty to proceed ahead against the respondent No. 3, if he intends to raise any sort of construction without grant of requisite building permission in his favour by the competent authority. 5. Disposed of accordingly along with connected CM(s). (Rajnesh Oswal) Judge SRINAGAR. 05.06.2025 “Abdul Rashid” Whether approved for reporting? Yes/No