Rakesh Chander Khajuria vs Jammu Municipal Corp. & Ors
2024 Latest Caselaw 2038 j&K

Jammu & Kashmir High Court

Rakesh Chander Khajuria vs Jammu Municipal Corp. & Ors on 7 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                              S. No. 1



         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


Case:-      WP(C) No.2307/2024
            CM No. 5654/2024


Rakesh Chander Khajuria                                     .....Appellant/Petitioner(s)

                      Through: Mr. Gagan Kohli, Advocate


             Vs
Jammu Municipal Corp. & Ors                                         ..... Respondent(s)

                      Through: Mr. Rajnish Raina, Advocate

Coram:      HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                   ORDER

(07.10.2024)

01. Through the medium of instant petition filed under Article 226 of the

Constitution of India, the petitioner seeks quashing of the order No.

JMC/ENP/2067-71 dated 13.09.2024 passed by the respondent No.2

under Section 253(1) of the Jammu and Kashmir Municipal Corporation

Act, 2000, whereby the respondent No.2 has sealed the premises of the

petitioner situated at House No. 343-A Gandhi Nagar, Jammu, with

further direction against the respondents to de-seal the premises of the

petitioner mentioned supra.

02. Learned counsel for the petitioner has relied upon the judgment passed

by a Coordinate Bench of this Court in WP(C) No. 2183/2023 dated

23.08.2023, whereas the facts in the instant case are not similar.

03. Learned counsel for the respondents Mr. Rajnesh Raina has raised

preliminary objections with respect to the maintainability of the instant

petition. He has stated that jurisdiction of challenging the impugned

order is before the Special Tribunal

04. After arguing for a while, Mr. Gagan Kohli, learned counsel for the

petitioner seeks withdrawal of the petition with liberty to approach

before the appropriate forum. The prayer made is allowed.

05. The instant petition is dismissed as withdrawn with liberty as prayed for.

(MOKSHA KHAJURIA KAZMI) JUDGE JAMMU 07.10.2024 Shivalee

OFHIGH JAMMU COURT & KASHMIR AND LADAKH