Excelsior Correspondent
Srinagar, Dec 13: High Court today gave relief to the Jammu and Kashmir Pradesh Congress Committee (JKPCC) by staying the local court order.
High Court stayed the order of lower court which had refrained the JKPCC from raising any construction at its headquarters in M A Road Srinagar. The HC passed the order on a petition filed by J&K Pradesh Congress Committee (JKPCC) through its president Ghulam Ahmad Mir and Secretary Irfan Naqeeb.
Justice Ali Mohammad Magrey also stayed another order of trial court in which SHO Kothi Bagh Srinagar was directed to move on the spot and take necessary steps so that the order dated 18.6.2016 (stay on construction) is not observed in breach.
The SHO was further directed to submit the report before the trial court by or before next date. Court has also issued notice to J&K Shia Association for filing of objections in opposition to the case by next date.
Advocate Iqbal submitted before the High Court that lower court had passed the orders in exercise of its jurisdiction illegally and with material irregularity besides having caused a failure of justice.
Petitioner (JKPCC) states that the property measuring 5 kanals and 8 marlas has been housing the JKPCC headquarters for the last more than 50 years and it belongs to Custodian Department wherefrom it came into the possession of JKPCC with Bakshi Ghulam Mohammad as its leader thereafter agreements has been made by and between Evacuee Department and petitioner JKPCC.
It is also mentioned that for necessary renovation after devastating floods of 2014 necessitated and requisite permission has been granted by the competent authority (SMC) after obtaining NOC from the Evacuee Department in this regard.
Trial court had passed the orders on a suit filed by Jammu and Kashmir Shia Association through the then president Molvi Iftikhar Hussain Ansari in 2008 which is presently headed by its president Molvi Imran Raza Ansari. He is seeking eviction of JKPCC from the property with the plea that the same was donated by its owners in 1974 by a document duly registered on September 1974.
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