AAR KAY ELECTRONIC Vs. J&K SPL. TRIBUNAL

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioners seek indulgence of this Court in granting them the following reliefs:

(2.) The aforesaid reliefs have been claimed by the petitioners on the grounds that they are owners and in possession of two shops situated Near Talab Salain, Udhampur, where they are carrying on business since long; that they purchased two shops through sale deed dtd. 9/2/2004 with land approximately measuring 452 Sft and out of the said land they are in possession of 18 ft. 10 inch x 22ft 9 inchs, and rest of the land has been occupied by respondent No.4, which is approximately 1 ft. 3 inchs x 18 ft. 10 inchs; that a suit has been filed by them before the Munsiff, Udhampur (for brevity "Trial court") for the remaining portion of the land in which they have sought mandatory and permanent prohibitory injunction; that the land of the respondent No.4 is on the eastern side of their land who sought permission from the authorities for raising construction, and after getting approval for construction she started construction unauthorizedly and illegally by encroaching upon the land of the petitioners approximately 1 ft. 3 inchs x 18 ft. 10 inchs and in violation of proposed building plan approved by the official respondents. At the time when respondent No.4 started construction of the basement by exposing the foundation of eastern wall of the petitioners" shop, a complaint was lodged by them before the Administrator, Municipality, Udhampur, who while acting upon their complaint issued notice to the said respondent on 29/3/2004.

(3.) It is contended that the aforesaid notice was challenged before the J&K Special Tribunal, Jammu (for brevity "Tribunal") without impleading the petitioners as party and the Tribunal vide order dtd. 25/5/2004 (for brevity "impugned order") disposed of the appeal in favour of respondent No.4, compounding all the illegal, unauthorized and major violation of respondent No. 4.