1. Appellant has filed present appeal against the demolition notice no. MJ /ESTT/CEO /112/3/08, issued by respondent on 22.9.2008, in term of section 7 (3) OF COBO Act, with regard to construction raised at Gandhinagar Jammu. 2. Appellant has stated that, after the death of his father, mother and brothers, he has acquired the rights of inheritance to the Estates i.e. Plot no. 81-A Gandhinagar Jammu. That this plot was allotted by housing department J&K, on the name of his deceased father Narinder Singh vide Govt. order No. 55-4 --UD-56 dated 3 august, 1956. That his father after availing loan raised construction on said plot. That father of appellant died in 1989. That no khilafwarzi has been made on existing house. That impugned notice has been issued on the name of his father, who is already dead. That his father, mother and two brother have since expired and it is only appellant who is in possession of the land in question. 3. After filing the appeal, record was called. In objections filed by the respondent, it has been stated that appellant has committed violation at first floor of house no. 81-A Gandhinagar Jammu, measuring 195 Sqft. 4. Heard both counsel. 5. Counsel for appellant has argued that, both notices issued under section 7 of COBO Act, have been issued against dead person, namely Narinder Singh his father, so notices are void and non-existent 6. I have given my thoughtful consideration to the whole aspect of the matter. 7. From the records, it appears that notices have been issued on the name of Narinder Singh the father of the appellant. Show cause notice u/s 7 (1) of COBO Act, was also issued on the name of Narinder Singh on 1.9.2008 and final notice of demolition has been issued on 22.9.2008, whereas as per appellant, his father Narinder Singh has died in 1989. This fact has not been denied by respondent. 8. A dead person can not be expected to reply the show cause notice. So both notices u/s 7 (1) and 7(3) of COBO ACT have been issued in most casual manner. 9. Hence, without going into the merit of appeal, notice no. MJ /ESTT/CEO /112/3/08, issued by respondent on 22.9.2008, in term of section 7 (3) OF COBO Act, with regard to construction raised at Gandhinagar Jammu is quashed as same has been issued against a dead person. 9. Hence, without going into the merit of appeal, notice no. MJ /ESTT/CEO /112/3/08, issued by respondent on 22.9.2008, in term of section 7 (3) OF COBO Act, with regard to construction raised at Gandhinagar Jammu is quashed as same has been issued against a dead person. However, this will not bar the respondent, from issuing fresh notice against present appellant, thereby mentioning the khilafwarzi/violation committed by him.