Dismissed

Som Kumar v. Union Territory of Jammu and Kashmir Th Principal Secretary Housing and Urban Dev Deptt and Others

J&K HC4 Oct 2021WP(C)/2126/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a sealing order and demolition notices. It held that the petitioner has an alternative statutory remedy before the Special Tribunal and thus declined to exercise writ jurisdiction, disposing of the petition with liberties to pursue the statutory appeal.

What did the court decide?

The writ petition is disposed of; liberty to file an appeal before the Jammu and Kashmir Special Tribunal within one week.

Som Kumar Vs Union Territory of Jammu and Kashmir Th… — Property and Title | J&K HC (2021)

¶1

Sr. No. 28

¶2

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

¶3

CJ Court

¶4

Case: WP(C) No. 2126 of 2021

¶5

Som Kumar

¶6

.....Appellant/Petitioner(s)

¶7

Through :- Sh. Deepak Mahajan, Advocate

¶8

v/s

¶9

Union Territory of J&K and others

¶10

.....Respondent(s)

¶11

Through :- Sh. S. S. Nanda, Sr. AAG for R-1 Sh. Adarsh Sharma, Advocate for R 2 to 5.

¶12

CORAM:

¶13

HON’BLE THE CHIEF JUSTICE

¶14

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

¶15

ORDER

¶16

1. Heard Sh. Deepak Mahajan, learned counsel appearing for the

¶17

petitioner, Sh. S. S. Nanda, Sr. AAG and Sh. Adarsh Sharma, Advocate appearing for the respondents.

¶18

The petitioner by means of this writ petition has challenged the sealing order passed under Section 8(1) of the Jammu and Kashmir Control of Building Operations Act, 1988 (for short the Act of 1988) and also the notices issued under Sections 7(1) and 7(3) of the Act of 1988 dated 03.12.2020 and 11.02.2021 respectively for demolition of alleged constructions i.e. the 1^st floor of the dwelling house situated at village Sari Rakwalan, District Jammu.

¶19

Against the notices/orders of demolition passed under Sections 7(1) and 7(3) of the Act of 1988, the petitioner has a remedy to file an appeal

¶20

WP(C) No. 2126 of 2021

¶21

¶22

before the Jammu and Kashmir Special Tribunal. The petitioner in the said appeal can always pray for de-sealing of the property.

¶23

In view of the alternative statutory remedy so available to the petitioner, we do not deem it appropriate to exercise our discretionary jurisdiction in the matter.

¶24

The writ petition accordingly, stands disposed of with liberty to the petitioner to file appeal under Section 13 of the Act of 1988 before the Jammu and Kashmir Special Tribunal and in case any such appeal is filed within a period of one week from today, the same shall be considered on its own merits in accordance with law most expeditiously.

¶25

(RAJNESH OSWAL) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
JAMMU
04.10.2021
Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No

Som Kumar v. Union Territory of Jammu and Kashmir Th Principal Secretary Housing and Urban Dev Deptt and Others

Case brief

What is this about?

What did the court decide?

Som Kumar v. Union Territory of Jammu and Kashmir Th Principal Secretary Housing and Urban Dev Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jammu and Kashmir Darmarth Trust and Anr. Vs State Th.Housing Deptt. and Ors.

M/S Dwarka Trading Company Vs State Th.Capd Deptt.

Bashir Ahmed and Another Vs State Th.Revenue Deptt.

Rohit Chib and Others Vs Union Territory of Jammu and Kashmir Th Secretary Gad and Others

Smt Kusum Gupta Vs Union of India Th Finance Secretary Ministry of Finance and Another

Abdul Majeed Vs Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others