DEV RAJ v. MUNICIPAL COMMITTEE NOWSHERA TH EXECUTIVE OFFICER AND ORS
WP(C)/1632/2026 · 2026-06-05
Moksha Khajuria Kazmi
body2026
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[ 2026 DAILYLAW 1444 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 1444 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 123
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 1632/2026
Date of pronouncement: 05.06.2026 Uploaded on: 06.06.2026 Dev Raj Age 72 years S/o Mela Ram R/o Nowshera District Rajouri
…. Petitioner(s)/Appellant(s)
Through:- Ms. Gazal Ashok Arora, Advocate V/s
1. Municipal Committee Nowshera Through Executive Officer, Nowshera District Rajouri
2. Director, Urban Local Bodies, Jammu
3. Executive Engineer Public Works Department Roads and Building Division, Nowshera District Rajouri
…..Respondent(s)
Through:- Ms. Pallavi Sharma, Assisting Counsel to Mr. Ravinder Gupta, AAG
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER (ORAL)
1. By this petition, petitioner herein has challenged Show Cause Notice No. MC/NSR/2026-27/171 dated: 19-05-2026, issued by Executive Officer, Municipal Committee, Nowshera,-Respondnet No. 1, whereby the petitioner has been directed to furnish reply within two days with a further direction to vacate the unsafe premises occupied by him within a period of thirty days. It seems that in response to the aforesaid Show Cause Notice dated 19.05.2026 issued by the Executive Officer concerned, the petitioner has submitted reply through his counsel bearing reference LN/05/2026 dated 25.05.2026.
WP (C) No.1632/2026
2. It is the apprehension of the petitioner that the respondent-Executive Officer may forcibly evict the petitioner without considering the reply given to the Show Cause Notice.
3. In view of the nature of controversy involved and the submissions made by learned counsel for the petitioner, the petition is disposed of by providing that: a) Reply dated 25.05.2026 field by the petitioner to the Show Cause Notice shall be considered by the Executive Officer, Municipal Committee Nowshera, and, thereafter a speaking
order shall be passed in this regard. b) The speaking order so passed shall be served upon the petitioner.
4. Till such a speaking order is passed by the concerned Authority and conveyed to the petitioner, the petitioner shall not be forcibly evicted from the shop in question.
5.
Disposed of along with all connected application(s).
(MOKSHA KHAJURIA KAZMI)
JUDGE JAMMU 05.06.2026 Asif Tantray Whether the order is speaking: Yes Whether the order is reportable: No