Disposed

Burhan Yaseen v. Commissioner and Ors. (Coba / Srinagar Municipal Corporation)

J&K HC5 Apr 2022CM(M)/48/2022

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir and Ladakh disposed of a writ petition challenging the Inaction and delay by the J&K Special Tribunal in considering an appeal against granted construction permission. The court directed the Tribunal to expedite the appeal and consider the interim relief application.

What did the court decide?

The Tribunal is directed to expedite the consideration and disposal of the main appeal and to consider the application for interim relief.

Burhan Yaseen Vs Commissioner and Ors… — Constitutional and Fundamental Rights | J&K HC (2022)

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S. No. 57 Supp Cause List

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM(M) No. 48/2022 CM No. 1600/2022

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Burhan Yaseen

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…Petitioner(s)

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Through: Mr Zubair Ahmad, Advocate.

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Vs.

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Commissioner and Ors/Srinagar Municipal ...Respondent(s) Corporation

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Through: Mr Anis-ul-Islam, Advocate vice Mr Moomin Khan, Advocate.

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CORAM:

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HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE

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O R D E R

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05.04.2022

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The short grievance projected in the instant petition by the petitioner is that the J&K Special Tribunal wherein the petitioner is claimed to have filed an appeal against the permission granted to respondent No. 4 by the respondents 1 to 3 for raising construction of residential house is delaying consideration and disposal of the appeal on one hand and on the other hand is not passing any interim order in the application for interim relief accompanying the appeal. The said approach of the Tribunal is contended to cause prejudice of the rights and interests of the petitioner.

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According to the learned counsel for the petitioner, the instant petition can be disposed of at its threshold with a direction to the Tribunal to expedite the consideration and disposal of the appeal inasmuch as to pass an interim order as is warranted in the facts and circumstances of the case and as prayed for by the petitioner herein.

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Mr Anis-ul-Islam vice Mr Moomin Khan, counsel for the respondents present, enters appearance and accepts notice on behalf of the respondents 1 to 3.

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Mr Anis-ul-Islam is not averse to the disposal of the instant petition filed at this stage.

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Having regard to the nature of controversy involved in the petition coupled with the submissions made by counsel for the petitioner, it is deemed appropriate to dispose of the instant petition at this stage with a direction to the Tribunal to expedite the consideration and disposal of the appeal claimed to be pending and filed by the petitioner herein. Accordingly, the Tribunal is directed to expedite the consideration and disposal of the main appeal uninfluenced by any observations made by this court in accordance with law. The Tribunal shall also consider the application for interim relief and pass appropriate order in accordance with law.

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According to the counsel for the petitioner, the date fixed in the

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matter before the Tribunal is 12.04.2022. Till 12.04.2022, parties to maintain status-quo on spot. The extension of order of status-quo shall be subject to the passing of fresh/further orders on merits in accordance with law by the Tribunal and nothing herein shall be construed to be expression of any opinion about the merits of the case by this court.

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Disposed of as above.

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(JAVED IQBAL WANI) JUDGE

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SRINAGAR

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05.04.2022 “Ishaq”

Burhan Yaseen v. Commissioner and Ors. (Coba / Srinagar Municipal Corporation)

Case brief

What is this about?

What did the court decide?

Burhan Yaseen v. Commissioner and Ors. (Coba / Srinagar Municipal Corporation)

Case brief

What is this about?

What did the court decide?

What the court decided

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