Jyoti Khullar and Another v. Jammu Municipal Corporation Th Its Commissioner, Jammu and Others

ORDER

31.08.2026

¶1The petitioners, through the medium of the present petition, have challenged order dated 08.08.2026 issued by Commissioner, Jammu Municipal Corporation, Jammu, whereby the ground floor portion

(shop) of House No. 323/4, Channi Himmat, Jammu has been re-sealed.

¶2Issue notice to the respondents.

¶3Mr. Ravinder Gupta, learned AAG accepts notice on behalf of the respondents.

¶4It appears that prior to issuance of the impugned order, the premises of the petitioners was previously sealed by the respondent-Corporation vide Order No. JMC/Enf./1773-77 dated 19.06.2026 and against the said sealing order, petitioner No. 1 made a representation before the respondent-Corporation and sought de-sealing of the shop/premises. She also filed an affidavit before the Corporation, stating therein that she was running a lawful business of grocery items etc. from the Serial No. 99

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ground floor of the house bearing No. 323/04, Channi Himmat, Jammu for the last ten years and made a request that she would continue to do such activity and the premises be de-sealed. The representation was accepted by the Corporation and order dated

22.07.2026 came to be issued, whereby the premises was directed to be de-sealed with further direction that the petitioner shall not carry out further fresh construction without permission/NOC from Jammu Municipal Corporation, failing which, the premises shall be re-sealed without any further intimation.

¶5Perusal of the impugned order would reveal that the respondent-Corporation received a complaint on 06.08.2026 to the effect that the petitioners are raising unauthorized construction and are converting the residential premises into a commercial establishment. Upon inspection by the concerned Enforcement Officer, it was reported that nature and extent of the ongoing works indicate an attempt to convert the residential portion into a commercial establishment and it also reflected a change in the commercial activity previously undertaken.

¶6Learned counsel for the petitioners has submitted that the petitioners are prepared to file an undertaking that they would not raise any further construction or even any renovation in the ground floor of the premises without seeking express permission from the Jammu Municipal Corporation.

¶7In view of the aforesaid submission of the learned counsel for the petitioners, a direction is issued to the respondents to keep the impugned order dated 08.08.2026 in abeyance and de-seal the premises of the petitioners, subject to the petitioners filing an

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undertaking before the Commissioner, Municipal Corporation, Jammu to the effect that they shall not raise any construction or any renovation of the building in question without express permission of the Corporation. Petitioner No. 1 shall also file a similar undertaking before the Registrar Judicial of this Court.

¶8The petition stands disposed of.

(SANJAY DHAR)

JUDGE

Jammu

31.08.2026 Neha-II

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2735/2026 CM No. 6001/2026 Jyoti Khullar and anr. …..Appellant(s)/Petitioner(s) Through: Mr. Sachin Gupta, Advocate Mr. Raghav Sawhney, Advocate vs Jammu Municipal Corporation Th. Its Commissioner, Jammu and ors. .…. Respondent(s) Through: Mr. Ravinder Gupta, AAG Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE