High Court Stays Final Demolition Order Till Next Date Of Hearing
Srinagar, Jan 13: In WP(C) No. 38/2023 CM No. 48/2023 titled Abdul Rashid Khanday and Anr. Vs. Union Territory of J&K and Ors. after hearing HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE O R D E R E D as:-
The petitioners claim to be the owners in possession of land in question comprising of survey no. 5439/576 measuring 2 kanals 18 marlas at Estate Pandach District Ganderbal.
The grievance of the petitioners is that the respondent no. 4 has issued the impugned notice dated 06.01.2023 without any authority and without following the mandate of law.
Heard and considered.
A perusal of the impugned notice reveals that the notice is purported to have been issued under section 133 (A) of the Land Revenue Act, 1996 (for short Act of 1996) and in view of section 133 (C), it is the Collector or any other officer not below the rank of Assistant Collector of the first class, who is competent to issue the notice for contravention of the provisions of Section 133 (A) or Section 133 (B) of the Act of 1996 and authority in such case is bound to issue a show cause notice for the time to be specified in the notice.
The impugned notice dated 06.01.2023 has been followed by the final demolition notice issued on the day following i.e. 07.01.2023.
It is evident that sufficient time has not been given to the petitioners to show cause in terms of section 133 (A) of the Act of 1996. Considered and thus case of interim indulgence has been made out.
Notice returnable within two weeks. Requisites for service within one week.
List on 04.02.2023.
In the meantime, the impugned order dated 07.01.2023 shall remain stayed till next date of hearing before the Bench and subject to objections from the other side.
A copy of this order be provided to the learned counsel for the petitioners under the seal and signature of Secretary.
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