ALTAF AHMAD KAR Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-70
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 11,2020

Altaf Ahmad Kar Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

PUNEET GUPTA, J. - (1.)The case of the petitioner is that the Srinagar Municipal Corporation, respondent Nos. 7 to 10 in the petition, intends to grant building permission to the private respondent No. 18 on the land which does not belong to the said respondent. The petitioner is deficient of land measuring 110 Sqft though entitled to the same in view of the documents which stand executed in her favour. The land is situate at Koolipora Khanyar, Srinagar. The revenue authorities have not finally determined the position on spot though require to do so. The petitioner has referred to the representations made by him to the Divisional Commissioner and other authorities for looking into his grievance raised against the private respondent qua the land which has been allegedly grabbed by the respondent No. 18- Bashir Ahmad Kar.
(2.)The objections to the petition have been filed on behalf of the respondent Nos. 7 to 10, 12 to 17 and 18.
(3.)The respondent Nos. 7 to 10 (Srinagar Municipal Corporation), in their reply have stated that the petitioner has raised disputed questions of fact which cannot be gone into by this Court in exercise of extraordinary jurisdiction. The respondents cannot be restrained from discharging their statutory obligation of deciding the application filed by the respondent No. 18 whereby permission for construction of the house is sought for by the respondent No. 18. The petition is premature as no order has been passed by the respondents granting or refusing building permission to the private respondent. It is further submitted that Tehsildar Khanyar forwarded report dated 17.03.2020 vide bearing No. 544/TAS/OQ/20 dated 16.06.2020 addressed to Assistant Commissioner (Revenue) Srinagar.
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