ADMINISTRATOR SRINAGAR MUNICIPALITY Vs. GH QADIR

JUDGEMENT

(1.) THIS petition was listed today in the regular cause list for hearing. Nobody has appeared for the respondent. However, Mr. Manzoor is present for the petitioners.

(2.) PETITIONERS have filed this revision against the order dated 12 -4 -1988 passed by Judicial Magistrate, Srinagar in a suit titled Ghulam Qadir Naqash versus Administrator, Municipality and others, where under issue which was taken as preliminary issue has been decided against the petitioners. In the suit parties have already filed their pleadings and number of issues came to be framed, amongst them issue No. 1was taken as preliminary issue, which reads:

(3.) THE learned trial court after having heard counsel for the parties at length had returned a finding by holding that the Executive Officer under the provisions of Section 47 of the Municipal act, without authority from the Government, would not have delegated his official powers to Khalafwarzi officer to issue notice for demolition or stopping the construction under Section 225(2) of the Municipal Act and on that count, he has returned a finding that the notice was bad as because it was without any authority. So the challenge which was put to that notice in the suit is maintainable. Aggrieved by this order, the present revision petition has been filed.