Jammu and Kashmir High Court
WP(C)/185/2026 of M/S ELLORA EXCLUSIVE TH ANJU GUPTA AND ANOTHER Vs JAMMU MUNICIPAL CORPORATION TH ITS COMMISSIONER AND OTHERS on 3 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 185/2026 CM No. 432/2026 01. M/S Ellora Exclusive 53 A /B, Gandhi Nagar, Jammu Through its partner Anju Gupta, W/O Rakesh Gupta R/O Plot No. 53 A /B Gandhi Nagar, Jammu. 02. Anju Gupta, W/O Rakesh Gupta R/O Plot No. 53 A /B Gandhi Nagar,
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 185/2026
CM No. 432/2026
01.
M/S Ellora Exclusive
53 A/B, Gandhi Nagar, Jammu
Through its partner
Anju Gupta, W/O Rakesh Gupta
R/O Plot No. 53 A/B Gandhi Nagar,
Jammu.
02.
Anju Gupta, W/O Rakesh Gupta
R/O Plot No. 53 A/B Gandhi Nagar,
Jammu.
…..Appellant(s)/Petitioner(s)
Through: Mr. Sachin Gupta, Advocate with Ms. Arsha Sharma, Advocate.
vs
01.
Jammu Municipal Corporation
Through its Commissioner
Town Hall, Jammu 180001.
02.
Commissioner,
Jammu Municipal corporation
Town Hall, Jammu 180001.
03.
Deputy Commissioner (S)
Jammu Municipal Corporation
Town Hall, Jammu 180001.
.…. Respondent(s)
Through: Mr. Mayank Gupta, Advocate.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(03.02.2026)
01. Petitioners, aggrieved of communication No. JMC/ENF/5711-15 dated 29.01.2026 issued by respondent No. 3- Deputy Commissioner (S), Municipal Corporation, Jammu to remove the violations as per violation chart and have, therefore, preferred the present petition, seeking setting aside of the same on the ground that the same is perverse and illegal in the eyes of law and is violative of judgment passed by Hon’ble Apex Court in Serial No. 132
2
the case titled RE: direction in the matter of demolition of Structures bearing writ petition (criminal ) No. 162/2022, writ petition (civil) 128/2022 dated 13.11.2024 with direction upon the official respondents not to interfere into the peaceful possession of the permission of the petitioners.
02. Heard.
03. Notice.
04. Mr. Mayank Gupta, Advocate waives notice on behalf of the respondents. He opposes the grant of interim relief to the petitioners at this stage.
05. On consideration of the matter, it is found that the impugned notice/order for removal of violation as per the violation chart has been issued by the respondents without adhering to the natural requirements of prior notice to show cause , as such, the order does not sustain.
06. Learned counsel for the respondents submits that the respondents be left with liberty to proceed in accordance with law afresh.
07. In view of the facts and circumstances of the case and submissions made at bar, the impugned notice being not issued after issuance of Show Cause Notice (SCN) is quashed with a direction to the respondents to proceed in the matter in accordance with law. However, it is provided that the petitioners shall not raise any further construction on spot.
08. Petition is thus, ‘disposed of’ along with connected application(s).
(M A CHOWDHARY) JUDGE
Jammu 03.02.2026 Renu