Mohammad Afzal Khan & Anr vs Owais And Anr on 7 April, 2026

Jammu & Kashmir High Court – Srinagar Bench

Mohammad Afzal Khan & Anr vs Owais And Anr on 7 April, 2026

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                                             Serial No. 09
                                                                                            REGULAR LIST

                           IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT SRINAGAR
                                                  CCP(D) 69/2024 in[LPA 260/2024]
                       MOHAMMAD AFZAL KHAN & ANR.                               ...Petitioner/Appellant(s)

                       Through: Mr. Showkat Ali Khan, Advocate
                                                                  Vs.

                       OWAIS AND ANR.                                                      ...Respondent(s)

Through: Mr. Mohsin Qadri, Sr. AAG with
Ms Maha Majeed, AC for 3 & 4
Mr. Bikramdeep Singh, Dy. AG with
Ms Nowbahar Khan, AC for 1 & 2
CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDE R
07.04.2026

1. This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of the

judgment dated 21.10.2024 passed by this Court in LPA No.

260/2024 titled “Raja & Ors. Vs. UT of JK & Ors.” whereby this

Court, while disposing of the appeal, directed as under :

“i. That the Srinagar Municipal Corporation shall,
in terms of the impugned Order and Judgment,
consider the renewal of the building permission
granted to the private Respondents vide Order No.
1515 of 2015 dated 26th of November, 2015 and
Order No. 1771 of 2016 dated 24th of March, 2016
in respect of plots of land comprising Survey No.
2645/980 Min situated in estate Rawalpora;
ii. That, before the private Respondents commence
the construction in terms of the renewed permission,
to be granted by the Srinagar Municipal
Corporation, the Assistant Commissioner, Revenue
shall constitute a team of revenue Officers headed
MIR ARIF MANZOOR
I attest to the accuracy and
by Tehsildar to demarcate the land falling in Survey
authenticity of this document

09.04.26
No. 2645/980 Min, for which the private
Respondents were granted permission to raise the
construction;

iii. That, upon such demarcation, the private
Respondents shall raise their construction as per the
permission/ renewed permission, if any, granted by
the Srinagar Municipal Corporation on the land
comprising Survey No. 2645/980 Min; and
iv. That the concerned authorities of the Srinagar
Municipal Corporation shall ensure that the private
Respondents raise their construction strictly as per
the permission on their respective plots falling in
Survey No. 2645/980 Min and as are demarcated by
the team headed by the Tehsildar, to be constituted
by the Assistant Commissioner, Revenue, in terms of
direction No. (iii) hereinabove.”

2. On being put on notice, the respondents 1 & 2 have filed their

SPONSORED

statement of facts and have submitted that they could not comply

with the directions of this Court and grant the renewal of the

building permission which was granted to the petitioner herein

vide Order No. 1515/2015 dated 26.11.2015 and Order No.

1771/2016 dated 24.03.2016, for the reason that, on spot

verification, it was found that, pursuant to the original permission

granted, the petitioner had raised construction on Survey No.

2491/980.

3. The respondents 3 & 4 have also filed their compliance report and

have submitted that they would demarcate the land falling under

Survey No. 2645/980 Min situated in Estate Rawalpora after the

requisite renewal is granted by the Srinagar Municipal Corporation

(SMC).

MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document

09.04.26

4. Having regard to the stand taken by both the sides, we do not find

that the judgment passed by this Court has been violated in any

manner. The petitioner has himself raised construction on Survey

No. 2491/980 of Estate Rawalpora without there being any

permission by taking the benefit of permission granted in respect

of Survey No. 2645/980 Min. Till the illegal construction raised on

Survey No. 2491/980 is demolished, no further progress in the

matter can be made, nor can any renewal of the building

permission already granted to the petitioner be considered.

5. This contempt petition is, therefore, found devoid of any merit and

the same is accordingly dismissed. We, however, leave it open to

the petitioner to demolish the construction, if any, raised without

permission on Survey No. 2491/980 and thereafter approach the

Municipal Authorities for renewal of the building permission. In

such an event, the judgment passed by this Court shall be complied

with by the respondents in letter and spirit.

                                 (SANJAY PARIHAR)                           (SANJEEV KUMAR)
                                          JUDGE                                     JUDGE
                         SRINAGAR:
                         07.04.2026
                         "ARIF"




MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document

09.04.26