SANJAY SINGH Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) Through the instant petition, petitioner seeks the following reliefs:-

(2.) The case of the petitioner is that he along with his two brothers and their family members are residing in their house situated at H. No. 229 Shastri Nagar, Jammu, opposite Dogra Academy School, which is a residential area. It is stated that petitioner and his family members are facing a great deal of undue inconvenience and harassment as right opposite to the house of the petitioner a South Indian Dhaba is being run by its proprietor illegally under the name and style of M/s South Indian Madrasi Dosa Dhaba and adjacent to the said Dhaba there are two more Dhabas. It is further stated that all these Dhabas are being run in an illegal and unauthorized manner in a residential area. Further case of the petitioner is that these Dhabas have no parking facilities as the people come and park their vehicles on both sides of road and even right in front of the gate of the petitioner and as a result thereof petitioner cannot even move out of his house.

(3.) This Court on 19.08.2017, at the time of issuing notice to the respondents, directed the Commissioner, Municipal Commissioner, Jammu to file a detailed affidavit stating therein as to whether the business being run in and around the house of the petitioner, is with appropriate permission and whether the same is in accordance with the master plan for the said area. It was further ordered by this Court that, if the Commissioner comes to a conclusion that the business being run in the said locality is unauthorized, what steps the Municipal Corporation has taken to stop the violation in that regard.