Building Operation Controlling ... vs T.R. Mahajan & Ors
2023 Latest Caselaw 996 j&K

                                                                   Sr. No. 7


              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU


                                               OWP No. 282/2010
                                               CM Nos. 2727/2023 and
                                               2728/2023.


Building Operation Controlling Authority             ....Petitioner/Appellant(s)

                  Through :- Mr. S.S. Nanda, Sr. AAG.


        V/s

T.R. Mahajan & ors.                                          ....Respondent(s)


                  Through :- None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                  ORDER

17.05.2023 CM no. 2727/2023 & 2728/2023

Through the present writ petition-OWP no. 282/2010, the

petitioner is questioning a judgment dated 22.06.2009 passed by the Jammu

and Kashmir Special Tribunal whereby an unauthorized construction came

to be compounded. The respondents' no. 1 and 2 are the ones related to the

unauthorized construction as being makers thereof.

During the pendency of the writ petition, the respondent no. 1 -

Mr. T.R. Mahajan came to expire. Said fact was disclosed to this court by

the learned counsel appearing for the respondents' no. 1 and 2, as is

reflected in the order dated 17.02.2023.

The petitioner has come forward with CM no. 2727/2023 read

with CM no. 2728/2023 thereby seeking condonation and bringing on

record the legal representatives of the deceased-respondent no. 1. Date of

death of the deceased-respondent no. 1 is 15.07.2012.

Since the petitioner was not aware of the death of the respondent

no. 1 and so was this Court also until the same came to be informed in

terms of an order dated 17.02.2023, as such the applications filed by the

petitioner suffers no wilful delay and default and the same are allowed.

The legal representatives of the deceased-respondent no. 1 who

are his wife-Smt. Santosh Mahajan and his son - Dr. Parnesh Mahajan, both

residents of F-66/6 Suraj Nagar, Talab Tillo, Jammu are brought on record

as party-respondents in place of the respondent no. 1.

Registry to effect necessary amendment in the cause title of the

petition with respect to deceased-respondent no. 1.

The above named legal representatives of the deceased-

respondent no. 1 be served for their appearance in the case. Petitioner to

furnish registered postal covers within fifteen days whereupon the Registrar

Judicial, Jammu to issue notice to the newly impleaded respondents as

being the legal representatives of the deceased-respondent no. 1.

Both the applications stand disposed of accordingly.

List the main matter on 31.07.2023.

(RAHUL BHARTI) JUDGE

JAMMU 17.05.2023 NARESH/PS