HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No.2940/2025 Rakesh Kumar ….. Petitioner(s) Through: Mr. Nigam Mehta, Advocate Mr. Raghu Mehta, Advocate Vs UT of J&K & Ors. .….Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Mr. Rupinder Singh, Advocate Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (18.10.2025) 1. The petitioner through the medium of present petition has challenged order dated 14.10.2025, issued by respondent No.2 whereby, while exercising powers under Section 152 of BNSS, a conditional order for removal of nuisance has been passed against the petitioner asking him to remove non-functional vehicle from the public pathway and clearing of construction materials dumped on the public passage and refraining from any such act in future. 2. Learned counsel for the petitioner has submitted that the land on which the petitioner has dumped material is owned by him and it is not a public pathway as has been Serial No. 64 2 WP(C) No.2940/2025 mentioned in the impugned order. He has further submitted that the petitioner has already filed his objections to the impugned order but respondent No.2 while forwarding a copy of the impugned order to respondent No.3, has asked him to remove the nuisance within two days which has prompted the petitioner to approach this Court by way of present writ petition. 3. Having regard to the fact that the impugned order is conditional in nature and it has not been made absolute as yet, as such, the writ petition can be disposed of at this stage itself by extending appropriate directions to respondent No.2, who has to follow the procedure prescribed under Section 157 of the BNSS before making it absolute. 4. In view of the above, the writ petition is disposed of with a direction to respondent No.2 to consider the reply filed by the petitioner and thereafter follow the procedure prescribed in Section 157 of the BNSS before taking any further course of action in the matter. Till such time, the reply to show cause notice is considered and a decision thereon is taken by respondent No.2, the impugned conditional order dated 14.10.2024 shall not be given effect by respondent No.2. 5. The petition stands disposed of. 3 WP(C) No.2940/2025 6. A copy of this order be sent to respondent No.2. (SANJAY DHAR) JUDGE JAMMU 18.10.2025 Sneha