High CourtsDivision Bench(2022) 02 J&K CK 0017

Rafiqa vs Commissioner And Ors

Jammu And Kashmir High Court · Decided on 14 February 2022

HON’BLE JUDGES
Ali Mohammad Magrey, J · Mohd Akram Chowdhary, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous (M) No. 17, 536 Of 2022

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Judgment

11 paragraphs · 175 words

Notice, waived by Mr. Moomin Khan, learned counsel appearing on behalf of respondents.

In the instant petition, petitioner prays for the following reliefs:-

“ Pass an ad-interim order and stay the operation of impugned Notice No. SMC/Enf/W/1036-42 dated 31.12.2021, issued by the respondents.

Further the respondents be directed to maintain status-quo.

The simple grievance of the petitioner is that the respondent No. 2, has issued a direction to respondent No. 3, for demolition of the structure of the

petitioner without even notice and affording an opportunity of being heard.

Perusal of the order of demolition reveals that no opportunity of being heard has been granted to the petitioner.

In view of above, the writ petition is disposed of with a direction to Municipality to afford an opportunity of being heard to the petitioner before

proceeding further in the matter and pass appropriate orders. Needful shall be done within a period of one month. Till the appropriate orders are

passed and not later than one month, status quo be maintained.

Disposed of along with connected CM(s).