Mirpur, (AJK), (Parliament Times) : The Supreme Court of Azad Jammu and Kashmir (AJK) has granted leave to appeal in a petition challenging the High Court’s order concerning illegal parking in the residential street of Sector C/1, Puraniyan Hattiyan, Mirpur. The Court has also suspended the implementation of the High Court’s interim order dated September 24, 2025, until a final decision is made. The judgment was delivered by Justice Raza Ali Khan on December 11, 2025, following the hearing of Civil Petition No. 266/2025. The petitioner in the case is Chaudhry Muhammad Shaukat, while Amir Hussain and others are respondents.
According to court records, residents of Sector C/1 were facing severe difficulties due to the owners of Sharif Plaza and Zeeshan Plaza converting basement parking into commercial shops. The lack of parking forced shopkeepers and customers to park vehicles on the residential street, disrupting traffic flow and emergency access.
Following complaints, the then Assistant Commissioner/Sub-Divisional Magistrate Mirpur, on September 6, 2019, allowed a barrier to be installed at the entrance of the street in the presence of the traffic inspector and parties involved. The barrier remained in place for almost six years. Subsequently, the matter continued in Civil Court No. II, Mirpur, where an injunction was also in effect. During this period, the respondents filed a writ petition in the High Court, which issued an interim order on September 24, 2025, to remove the barrier.
In the Supreme Court, petitioner’s lawyer, Ms. Naziya Saeed, argued that the High Court’s order violated law, procedure, and principles of justice, as the matter was already pending before the civil court with an injunction in place. The respondents’ counsel, however, claimed that the barrier was illegal and obstructed public passage.
The Supreme Court observed that key questions arise, including whether a writ can be filed when alternative legal forums exist, whether interim relief can be granted without notice, and whether converting basement parking into commercial use violates building bylaws. The Court allowed the appeal and suspended the High Court’s order. A final decision on these important legal issues will be made after the case’s full hearing.
