Jammu and Kashmir High Court
WP(C)/548/2026 of DILAWAR SINGH Vs UT OF J AND K TH COMMISSIONER SECRETARY HOUSING AND URBAN DEVELOPMENT, DEPARTMENT, JAMMU AND OTHERS on 6 March 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 548/2026 CM No. 1283/2026 Date of order:- 06.03.2026 Uploaded on 09.03.2026. Dilawar Singh S/O Sh. Harnam Singh R/O Kunjwani Bye-pass, Jammu. …..Appellant(s)/Petitioner(s) Through: Ms. Arsha Sharma, Adv. vice Mr. Sachin Gupta, Adv.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 548/2026
CM No. 1283/2026
Date of order:- 06.03.2026
Uploaded on 09.03.2026.
Dilawar Singh S/O Sh. Harnam Singh
R/O Kunjwani Bye-pass, Jammu.
…..Appellant(s)/Petitioner(s)
Through: Ms. Arsha Sharma, Adv. vice
Mr. Sachin Gupta, Adv.
V/s
01.
U.T of Jammu & Kashmir through
Commissioner/Secretary,
Housing & Urban Development Department
Civil Secretariat, Jammu.
02.
Jammu Municipal Corporation, through its Commissioner, Town Hall, Jammu.
03.
Sub-Divisional Magistrate, Jammu (South)
04.
Senior Superintendent of Police, Jammu
05.
Manjula Devi W/O Gopal Singh
R/O Kaluchak main Mohalla, Jammu.
06.
Gopal Singh S/O Buti Singh
R/O Kaluchak main Mohalla,
Jammu.
.…. Respondent(s)
Through: Mr. Mayank Gupta, Advocate for R-2.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(06.03.2026)
01. Petitioner, through the medium of this petition, is aggrieved of the inaction of the official respondents with regard to the various complaints filed by him against the private respondents, for raising Serial No. 207
unauthorized and illegal construction of residential house and fencing wall beyond the permissible limits by encroaching the land, situated at Kalu Chak, Main Mohalla, Jammu.
02. Learned counsel for the petitioner submits that the petitioner had made a complaint on 13.02.2026 before the respondent-Sub Divisional Magistrate (SDM), Jammu South, alleging encroachment by respondent-Manjula Devi on the lane in Main Mohalla, Kalu Chak,, Jammu being in violation of J&K Unified Building Bye Laws, 2021. However, it is contended that no action has been taken by respondent-SDM, Jammu South, on his complaint till date.
03. Petitioner has contended that the construction of the house and the fencing wall by respondent No. 5 has been raised in violation of J&K Unified Building Bye Laws, 2021 and for this purpose, he had made complaint to the SDM-Jammu South, whereas, such a complaint lied with the Municipal authorities and not with the Revenue Officer, like, SDM, Jammu South. However, a complaint can be made to Revenue Authority for the removal of nuisance created by someone on a public road, street or lane etc.
04. In view of the pleadings made in the petition, the petitioner shall be well advised to approach the concerned competent Municipal and Revenue authorities with regard to his grievance and it is provided that in case, the petitioner approaches the competent authorities with his grievance, they shall examine and consider and, if found merit therein, shall proceed appropriately, in accordance with law.
05. In view of the aforesaid observations, this petition is disposed of at this motion stage, with liberty to the petitioner to approach the statutory authorities for the redressal of his grievances.
06. Petition, is thus, ‘disposed of’, along with connected application(s).
(M A CHOWDHARY) JUDGE
Jammu 06.03.2026 Renu
Renu Bala 2026.03.09 16:07 I attest to the accuracy and integrity of this document