WP(C)/1126/2026 of FIRDOUS AHMAD MIR AND ANOTHER Vs UNION TERRITORY OF J AND K (GEOLOGY AND MINING) AND OTHERS on 18 May 2026

1. Firdous Ahmad Mir (39 years) S/O Ghulam Nabi Mir R/O Gulab Bagh, Potermulla, Ganderbal.

2. Fayaz Ahmad Wani( 52 years) S/O Sonaullah Wani R/O Yoongura, Tehsil Lar, District Ganderba

...Appellant(s)/Petitioner(s)

Through: - Mr. Nisar Ahamd Bhat, Advocate.

V/s

1. Union territory through Commissioner/ Secretary Geology and Mining Department, Srinagar/Jammu.

2. Director, Geology and Mining, Department J&K, Srinagar.

3. Joint Director, Geology and Mining Department. Srinagar.

4. District Mineral Officer, Ganderbal.

5. Station House Officer, Police Station Ganderbal.

6. Deputy Commissioner, Ganderbal. … Respondent(s) Through:- None.

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER) 18.05.2026

1. Petitioners, through the medium of this petition, claiming to be the suppliers and dealing in providing requisite material and other allied items to the contractors executing the Government works and other executing

agencies and in this respect permission was granted to them by Geology & Mining Department Ganderbal on 16th of February, 2026 for a short period up to 27th of February, 2026 and then on 25th of March, 2026 for a period up to 5th of April, 2026, that the petitioners had applied for fresh permission on 13th of May, 2026 and the respondent department has not issued the required permission allegedly, due to a complaint filed against them.

2. Learned counsel for the petitioners submits that the complaint has already been disposed of in a joint report formulated by a Committee of Officers, with the recommendation that the visiting team observed that due to emergent government works requiring the material of clay that the disposal permissions at the applied area should be resumed, with set of terms and condition with strict monitoring by the concerned departments, to make the whole patch of land cultivable for the owners.

3. It appears that the inhabitants of Kondal, through Arbaz Ayoub, S/O Mohammad Ayoub Khan, R/O Kondabal Yangoora Ganderbal, had raised a complaint to the District Geology & Mining Department Ganderbal regarding inconvenience caused to general public, threat to environment, damages to the high density orchard etc by earth laden tippers and diversion of road/ remedy thereof and that the Committee including District Mineral Officer Ganderbal, had addressed the grievance praised in the complaint and the recommendation has been made as stated above.

4. Learned counsel for the petitioners submits that the petitioners shall be satisfied in case the petition is disposed of, at this stage, with a direction to the respondents to consider the issuance of required permission in favour of the petitioners in view of the report of the committee, in accordance with law.

5. In view of the facts and circumstances, pleadings of the case and submissions urged at the Bar, the present petition is disposed of at this motion stage with the direction to the respondents to consider the issuance of required permission in favour of the petitioners in view of the report of the committee, of course, in accordance with law.

6. The petition is, accordingly, disposed of along with pending application(s).

(M. A. CHOWDHARY)

JUDGE SRINAGAR May 18th, 2026 “Shoaib javid”