Nazir Ahmad Bhat vs State Of J&K & Ors

The petitioner herein has impugned the order dated 02.11.2013 issued by respondent No.3, whereby the premises of the petitioner was sealed pursuant to the order dated 26.09.2013 (wrongly mentioned as 26.10.2013) passed by this Court in OWP No. 159/2022 titled Syed Tahir Iqbal Jeelani Vs. State of J&K & Ors.

Objections stand filed by respondents 2 to 4, wherein it has been stated that the workshop of the petitioner was sealed in compliance to the order passed by this Court as mentioned above. The report was called from the Ward Officer concerned in respect of the shop of the petitioner, wherein it was stated by the Ward Officer concerned that the outlet of the structure in question was not going into the ‘Hokersar’ lake but was going into the drainage, and the workshop of the petitioner was found to be de-sealed. Respondents 2 to 4 have also placed on record the report dated 14.02.2022 of the concerned Ward Officer.

In view of the response filed by respondents 2 to 4, it is evident that the premises of the petitioner does not fall within the purview of the order passed by this Court(supra), therefore, there is no impediment in the way of the petitioner to use the premises in accordance with law. However, respondents 2 to 4 shall ensure compliance of the order dated 26.09.2013 passed by this Court in its letter and spirit.

Petition is disposed of accordingly.