SUDESH KUMAR v. U T OF J AND K TH COMMISSIONER SECRETARY HOUSING AND URBAN DEV DEPTT AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE SANJAY PARIHAR
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2026-08-18. SUDESH KUMAR v. U T OF J AND K TH COMMISSIONER SECRETARY HOUSING AND URBAN DEV DEPTT AND OTHERS....
Judgment text
Sr. No. 17 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 176/2023 Sudesh Kumar ..... Appellant(s)/Petitioner(s) Through :- Mr. Adrash Sharma, Sr. Advocate with Mr. Atul Verma, Advocate. v/s UT of J&K and Ors. ..... Respondent(s) Through :- Mr. Mayank Gupta, Advocate. Mr. Rajat Advocate vice Mr. Suneel Malhotra, GA Mr. Rohit Bharti, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 18. 08. 2026 1. Respondent No. 3 already stood proceeded in ex-parte. 2. Mr. Rohit Bharti, Advocate appearing for respondent No. 3 submits that he has already moved an application for setting-aside the ex-parte proceedings. He further states at bar that the Municipal Corporation, Jammu has already issued demolition order in terms of section 7(3) of the BOCA, and against which respondent No. 3 has laid an appeal before the Special Tribunal, which is still pending. 3.
It is submitted by the learned Senior Counsel for the petitioner that given the aforesaid submission made by the learned counsel for respondent No. 3, if being of substance and once the Municipal Corporation has proceeded to take action in terms of Section 7(3) of BOCA, against the respondent No. 3 then his petition is rendered infructuous. His statement is taken on record. In view of the subsequent developments, nothing survives in this petition. 4. The instant writ petition is accordingly dismissed as having been rendered infructuous. However, petitioner shall be at liberty to lay a fresh motion, in case, cause survives. 5. Interim direction, if any, shall stand vacated. (Sanjay Parihar) Judge JAMMU 18. 08. 2026 Javid Iqbal CM No. 4839/2026 in WP(C) No. 3075/2025
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