Maqsood Hussain Ganie vs State Of Jk & Ors
2022 Latest Caselaw 40 j&K/2

                                                                     Serial No. 10
                                                                   Regular Cause List


        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR

                               {Through Virtual Mode}


                            WP (C) No. 2451/2019
                             CM No. 4684/2019


Maqsood Hussain Ganie
                                                              ... Petitioner(s)
                                Through: -
                         Mr Hazim Qureshi, Advocate.
                                       V/s
State of JK & Ors.
                                                           ... Respondent(s)

Through: -

Mr Moomin Khan, Advocate.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Vinod Chatterji Koul, Judge (ORDER) 03.02.2022 Per Magrey, J (Oral):

This Petition is directed against the impugned building

permission Order No. 272 of 2019 dated 8th of February, 2019 issued by the

official Respondents (Respondent Nos. 1 to 6) in favour of the private

Respondent (Respondent No.7). It is contended that the impugned building

permission Order has been issued by the Respondent-Corporation in

relation to the illegal construction raised by the private Respondent.

Mr Moomin Khan, the learned Counsel appearing for the

Respondent Corporation, at the outset, has referred to Judgment dated 1 st of

December, 2021 passed by this Court in LPA No. 76/2020, whereby the

remedy to challenge the building permission Order issued by the competent

authority has been declared to be a Revision Petition before the J&K

Special Tribunal in tune with the mandate of Section 403 of the J&K Municipal Corporation Act, 2000 read with Section 3 of the J&K Special

Tribunal Act, 1988. The learned Counsel has supplied a copy of aforesaid

Judgment which is, accordingly, taken on record.

Given the above position and having regard to the mandate of

the Judgment aforesaid passed by this Court, this Writ Petition is disposed

of giving liberty to the Petitioner to avail the alternate remedy of Revision

against the impugned building permission Order dated 8th of February, 2019

issued by the Respondent-Corporation in favour of the Respondent No.7. In

the event any such Revision is filed by the Petitioner before the forum

concerned, the period during which the instant Petition remained pending

before this Court shall be excluded for purpose of limitation.

Disposed of as above, along with the connected CM(s).

                  (Vinod Chatterji Koul)                         (Ali Mohammad Magrey)
                              Judge                                        Judge
           SRINAGAR
           February 3rd, 2022
           "TAHIR"




TAHIR MANZOOR BHAT
2022.02.03 15:53
I attest to the accuracy and
integrity of this document