Jammu and Kashmir High Court
WP(C)/555/2026 of DURGA DUTT Vs JAMMU MUNICIPAL CORPORATION TH ITS COMMISSIONER AND OTHERS on 6 March 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 555/2026 CM No. 1298/2026 Durga Dutt S/O Late Hira Nand, R/O H. No. 584/4, Channi Himmat, Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Sachin Gupta, Adv. 1. Jammu Municipal Corporation Through its Commissioner Town Hall, Jammu,
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 555/2026
CM No. 1298/2026
Durga Dutt
S/O Late Hira Nand,
R/O H. No. 584/4,
Channi Himmat, Jammu
…..Appellant(s)/Petitioner(s)
Through: Mr. Sachin Gupta, Adv.
1. Jammu Municipal Corporation
Through its Commissioner
Town Hall, Jammu, 180001.
2. Commissioner,
Jammu Municipal Corporation,
Town-Hall Jammu 180001
3. Deputy Commissioner (S)
Jammu Municipal Corporation,
Town-Hall Jammu 180001
4. Building Operation Controlling
Authority Through its Chairman,
Town Hall Jammu
.…. Respondent(s)
Through: Mr. Mayank Gupta, Adv.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(06.03.2026)
1. The petitioner, through the medium of this petition, claiming that he is entitled to use his residential building raised in Plot No. 584/4, Channi Himmat, Jammu for the use of Convenience/Grocery Shop for which, no permission is required from Municipal Authorities, has challenged the impugned Notice dated 05.03.2026 whereby, the respondents have called upon the petitioner to show cause within 48 hours from the receipt of notice as to why action as warranted under Sections 253 and Section 258 of the J&K Municipal Corporation Act, 2000 and UBBL-2021 may not be initiated against him. Serial No. 197
2 WP(C) No. 555/2026
2. Learned counsel for the petitioner submits that the petitioner is essentially aggrieved of the notice prescribing short period of 48 hours to show cause.
3. Learned counsel for the respondents submits that the petitioner has been issued a notice to show cause and he has instead of submitting the show cause to the respondents, has rushed to this Court by way of this petition to challenge the impugned notice; that petitioner should file show cause, which shall be considered by the respondents.
4. In view of the facts and circumstances of the case and the submissions urged at the bar, this petition is disposed of at this stage with a direction to the petitioner to submit show cause along with a detailed representation for consideration of the respondents, so as to justify that the petitioner does not require any permission for conversion of his residential property for commercial use which is permitted under R-2 Zone under UBBL-2021 read with S.O. 304 and S.O 58 within a period of one week from today and the respondents shall extend the period for filing of show cause for this period and on filing of the show cause, pass appropriate orders. It is also directed that in the meanwhile, no coercive action be taken against the petitioner.
5. Disposed of along with connected application(s).
(M A CHOWDHARY)
JUDGE Jammu 06.03.2026 Tarun/PS
Tarun Kumar Gupta 2026.03.06 02:22 I attest to the accuracy and integrity of this document