SAMMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE prayer in this petition is to permit the petitioner to complete the structure of his already constructed house after obtaining an undertaking from him to the effect that if he failed in the writ petition, he would demolish the whole structures at his owns cost. The petition is opposed by the third respondent who represents the villagers.

(2.) THE petitioners case is that he has a prima facie case and that a denial of the request made by him would entail great loss and inconvenience to him. The respondent meats this contention stating that the request lacks bona fides and is only to coerce the villagers into submission after he completes the entire structure.

(3.) FROM the facts and circumstances of the case, I am not satisfied that the petitioner has balance of convenience in his favour Completion of the building with the protection of an order from this court can successfully defeat the interest of the 3rd respondent in the event of the writ petition itself being dismissed. This petition according to me is a pre -emptive move to steal a march over the third respondent. The petitioner can move a proper application to get the writ petition itself disposed of expeditiously. I am not persuaded to hold that the petitioner is entitled to the interim relief sought. The C. M. P. is accordingly dismissed.