Mohammad Ameen Donu vs Union Territory Of J And K And
2026 Latest Caselaw 816 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Ameen Donu vs Union Territory Of J And K And on 17 February, 2026

                                                          Serial No. 90
                                                        Regular Cause List
 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
              WP(C) 1464/2024 CM (3932/2024)
Mohammad Ameen Donu
                                        ...Petitioner(s)/Appellant(s).
Through:     Mr. Ahmad Javid, Advocate.
                                Vs.
Union Territory of J and K and
Ors.                                              ...Respondent(s).
Through:
CORAM:
       HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                         ORDER

17.02.2026

1. The matter is taken out of turn on mention.

2. Reply has not been filed in the matter despite last and final

opportunity having been granted to the official respondents as per the

previous order.

3. It has been reported by the Registry that notice to the private

respondents 4 & 5 has been sent to them through the Process Serving

Agency of District Court, Budgam, but has not been received back.

4. The case of the petitioner in nutshell is that he has obtained

building permission for construction of the first floor of his house from the

Office of the respondent No. 3 but, the respondents 2 & 3 have illegally

made him to stop the construction of his house on their verbal directions

which constrained him to approach this Court through the medium of the

instant petition for enforcement of his constitutional and other legal rights.

That he was carrying the construction of his house strictly as per the

permission granted by the respondent No. 3 but unfortunately the private respondents 4 & 5 approached the official respondents with some false and

frivolous complaint regarding his deviation from the building permission.

5. The petitioner has accordingly sought for issuance of

writs/directions in the nature of mandamus and prohibition for

commanding upon the respondent No. 3 to allow him to raise the

construction in accordance with the building permission already granted in

his favour by the said respondent No. 3 vide his communication No.

PYT/SKB/185-196, dated: 18.11.2023 for the site at Khanday Colony BK

Pora, Chadoora Budgam on a plot of land measuring 10 marlas and 172

Sq.fts comprising of Survey No. 1047/391 Min Khewat No. 80 Khata No.

307 of revenue Estate Rakhi Suthoo Tehsil B.K. Pora District Budgam and

for restraining the official as well as private respondents from causing any

kind of interference into the smooth construction of the first floor of his

house as per the permission, if allowed, by this Court.

6. It is submitted by the learned counsel for the petitioner that he has

obtained the requisite building permission from the competent authority i.e.

Respondent No. 3 as early as on 18.11.2023, but, unfortunately he has been

verbally directed by the respondents 2 & 3 to stop the construction of his

house as they had received a complaint from the private respondents 4 & 5.

It is submitted that the petitioner has been badly suffering on account of the

fact that the constriction of his house which was undertaken pursuant to the

building permission stands under halt to the great prejudice and suffering of

his family members.

7. As hereinabove mentioned the official respondents have not

chosen to file their reply despite ample opportunities. The private respondents have also not chosen to appear in the matter despite issuance

of notices against them.

8. In the facts and circumstances of the case, especially having

regard to the relief claimed in the petition, this Court is of the opinion that

the matter can be disposed of even at this stage by passing of appropriate

directions which are not likely to prejudice the rights and interests of the

respondents.

9. Accordingly, the instant petition is disposed of at this stage with

the direction to the official respondents especially respondent No. 2 & 3

that they shall allow the petitioner to carry on the construction of the first

floor of his house strictly as per the building permission already granted in

his favour vide communication No. PYT/SKB/185-196, dated: 18.11.2023.

10. The respondents, both official and private, are restrained to

interfere with the construction to be started by the petitioner provided the

same is undertaken strictly as per the terms and conditions of the building

permission.

11. Disposed of.

(MOHD YOUSUF WANI) JUDGE SRINAGAR 17.02.2026 Shahid Manzoor