High CourtsDivision Bench(2023) 02 J&K CK 0029

Ghulam Ahmad Allai vs Vice Chairman J&K Lawda & Ors

Jammu And Kashmir High Court · Decided on 2 February 2023

HON’BLE JUDGES
Rajnesh Oswal, J · Mohan Lal, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous No. 13, 299 Of 2023

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Judgment

8 paragraphs · 343 words

Mohan Lal, J

1.

The petitioner is aggrieved of the order dated 16.02.2022, by virtue of which the Jammu & Kashmir Special Tribunal Srinagar (hereinafter referred to as ‘Tribunal’), has dismissed the Revision Petition filed by the petitioner challenging the Building Permission bearing No.23 Bldg/LDA of 2021 dated 05.02.2021.

2.

The order dated 16.02.2022 passed by the learned Tribunal has been impugned by the petitioner herein on the ground that the learned Tribunal has not considered the fact that the title of the land for which the Building Permission was granted was disputed and the litigation with regard to the title of respondent no.7 was pending before the courts at Srinagar.

3.

Mr. G.N.Shaheen, learned counsel for the petitioner, argued that the learned Tribunal has not considered the fact that the respondent No.7 was not entitled to the land in excess of her share entitled under ‘Shariyat’, and further the learned Tribunal has not taken into consideration the litigation pending before the courts at Srinagar.

4.

Heard and perused the record.

5.

Perusal of the order impugned reveals that the learned Tribunal has refused to exercise its jurisdiction on the ground that efficacious remedy was available to the petitioner to approach the competent authority for redressal of his grievances. In the Revision Petition the grievance raised by the petitioner was with regard to the Building Permission granted to respondent No.7 by respondent No.2 dated 05.02.2021. The petitioner claims to have approached the concerned authority for recalling the said Building Permission by way of representation but there is nothing on record to demonstrate that the said representation was filed with the official respondents. Learned Tribunal has rightly dismissed the Revision Petition with liberty to the petitioner to approach respondent No.1 for redressal of his grievances.

6.

We do not find any illegality or irregularity in the order dated 16.02.2022.

7.

Viewed thus, there is no merit in this petition, same is dismissed with liberty to the petitioner to approach the authority concerned in terms of the order passed by the learned Tribunal dated 16.02.2022.