Parath Jamwal Vs Jammu Development Authority Th Its Vice Chairman and Others

The petitioner has come up in this petition challenging the order dated 26.06.2021 passed under Section 8 (1) of the Control of Building Operations Act., 1988 (hereinafter referred to as ‘the Act’).

A perusal of the pleadings reveals that prior to passing of the above order, an order under Section 7(3) of the Act was also passed and as a consequence to which the property of the petitioner was directed to be seized.

The order passed under Section 7(3) of the Act is appealable before the Jammu and Kashmir Special Tribunal under Section 13 of the Act.

Section 7(3) of the Act and the order passed under Section 8(1) of the Act is

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consequential in nature, we are of the opinion that the petitioner ought to have pursued his appeal rather than filing this writ petition.

In view of the aforesaid facts and circumstances, we decline to entertain this petition and leaves it open to the petitioner to prefer an appeal before the Tribunal. In case any appeal is preferred within seven days from

today, it shall be considered on its own merits in accordance with law.

(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

Jammu 07.09.2021 Tilak

Parath Jamwal v. Jammu Development Authority Th Its Vice Chairman and Others