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Jammu & Kashmir High Court
Sushil Kumar And Anr vs Jammu Municipal Corporation And Ors on 6 February, 2026
Sr. No. 159
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(C) No. 207/2026
Sushil Kumar and Anr. ..... Petitioner(s)/Appellant(s)
Through :- Ms. Arsha Sharma, Advocate vice
Mr. Sachin Gupta, Advocate
Vs
Jammu Municipal Corporation and Ors. .....Respondent(s)
Through :-
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
06.02.2026
01. The petitioners have called into question Order No. JMC/ENF/5689-93
dated 27.01.2026, impugned in the present petition, which, according to the
petitioners, is perverse and illegal in the eyes of law laid down by the
Hon'ble Apex Court in Writ Petition (Criminal) No. 162/2022.
02. Learned counsel for the petitioners further submits that the respondents,
without issuing any show cause notice, have issued a final notice directing the
petitioner to remove the alleged violation specified therein within a period of
seven days from the issuance of the notice, failing which action under the
Municipal Corporation Act, 2000 shall be initiated.
03. Learned counsel further submits that the premise in question has been
raised in conformity with the sanctioned plan issued in favour of petitioner No.
2 and there is no violation. In the absence of any erection, re-erection or any
violation, the impugned notice cannot sustain the test of law and is liable to be
quashed.
04. It is also submitted that if any action was required to be taken for such
alleged violation, the respondents were under a legal obligation to act in
conformity with the law laid down by the Hon'ble Apex Court in the aforesaid
matter.
05. It is the specific case of the petitioners that without issuing any show
cause notice, the respondents, without any justifiable cause, rhyme or reason,
proceeded to issue the demolition notice referring to the alleged violations,
without following due process of law. On this count alone, the impugned notice
is liable to be quashed, as the petitioner has been condemned unheard.
06. At this stage, Ms. Arsha Sharma, learned counsel appearing vice Mr.
Sachin Gupta, learned counsel for the petitioners, has drawn the attention of this
Court to an order passed by a Coordinate Bench of this Court in WP(C) No.
157/2026 on 31.01.2026 involving similar facts and circumstances and submits
that a similar order be passed in the present matter also.
07. Heard learned counsel for the petitioners at length and perused the
record.
08. Prima facie case for interim relief is made out.
09. Issue notice to the respondents, returnable within four weeks.
Requisite steps for service be taken within one week.
10. List along with WP(C) No. 168/2026 on 11.03.2026.
11. Meanwhile, subject to objections from the other side and till the next
date of hearing before the Bench, the impugned Notice No. Order No.
JMC/ENF/5689-93 dated 27.01.2026 as well as notice dated 27.01.2025, shall
remain stayed. Alteration/modification on laying a motion.
12. However, it is made clear that the petitioners shall not raise any further
construction until the same is modified/vacated by this Court.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
06.02.2026
Mihul
