GANESH RAJ Vs. UT OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing notice under Sec. 7(1) of the J&K Control of Building Operation Act, 1988 bearing No. MC/S/2023/961-65 dtd. 27/6/2023 and notice under Sec. 8(1) of the J&K Control of Building Operation Act bearing No. MC/S/2022-23/272-76 dtd. 1/8/2023.

(2.) Prima facie, the writ petition impugning notice under Sec. 7(1) of the Act supra is not maintainable more particularly as the same is only a show cause notice and the petitioner instead of showing cause to the respondents has approached this Court through the medium of the present writ petition, as such, this Court does not show any indulgence so far as issuance of notice under Sec. 7(1) of the Act supra is concerned. So far as notice under Sec. 8(1) of the Act supra is concerned, the same appears to have been issued under Sec. 12 of the Jammu and Kashmir Control of Building Operation Act though in the notice, reference of Sec. 8(1) of Act supra has been made.

(3.) This Court is of the view that mere mentioning of wrong Sec. in the notice would not render it illegal particularly when the respondents have power to issue such directions in terms of Sec. 12 of Act supra.