Jammu and Kashmir High Court
WP(C)/922/2026 of ABDUL MAJEED MIR Vs BHARAT PETROLEUM CORPORATION LIMITED TH.ITS TERRITORY MANAGER RETAIL AND OTHERS on 4 May 2026
No. 15 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 922/2026 CM(2415/2026) Abdul Majeed Mir, Aged 42 Years S/O Gh. Hussain Mir R/O Iskanderpor, Budgam District Budgam …Appellant(s)/Petitioner(s) Through: Mr. Kaiser Ahmad, Advocate Vs. 1. Bharat Petroleum
Serial No. 15
Regular Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 922/2026 CM(2415/2026)
Abdul Majeed Mir, Aged 42 Years
S/O Gh. Hussain Mir
R/O Iskanderpor, Budgam
District Budgam
…Appellant(s)/Petitioner(s)
Through: Mr. Kaiser Ahmad, Advocate
Vs.
1. Bharat
Petroleum
Corporation
Limited
through
its
Territory
Manager Retail Jammu.
2. Area
Sales
Manager,
Bharat
Petroleum Corporation Limited Retail
Division, Kashmir
3. Deputy Commissioner, Budgam
...Respondent(s)
Through: None
CORAM:
HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.
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ORDER
04.05.2026
1. Petitioner, having been aggrieved of communication dated 24.03.2026, whereby the respondents are in the process of withdrawing the LOI for the location at Village Qumroo, within 500 meters from Qumroo village turn towards Arizal, on the left side of Hadopanzoo road, district Budgam, under the open category, issued by the respondent Petroleum Corporation, without taking recourse to the amendment, in the Unified Bylaws 2021.
2. The petitioner has prayed for the following reliefs:
a. A writ in the nature of Certiorari, be issued in favour of the petitioners and against the respondents by quashing the impugned communication dated 24.03.2026 forming Annexure I to this writ petition.
b. A writ in the nature of Prohibition, prohibiting the official respondents from giving any effect to the impugned communication dated 24.03.2026.
c. Issue an appropriate writ, Order or Direction in the nature of Mandamus, commanding the respondents to consider the case of the petitioner in light of the amendment dated 26.02.2026 made into the Jammu & Kashmir Building Bylaws 2021 prior to issuance of impugned communication dated 24.03.2026.
d. Issue an appropriate writ, Order or Direction in the nature of Mandamus, commanding the respondents to produce the whole record pertaining to the instant location.
e. The Hon'ble Court may pass any other order or direction, which it deems just and proper under the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the petitioner would be satisfied if the present petition is disposed of at this stage with a direction to the respondent Corporation to seek review of the NOC to be obtained from the respondent No. 3 and to decide the matter within a reasonable timeframe, before taking action contemplated in terms of impugned communication..
4. In view of the submissions made by learned counsel for the petitioner, the present petition is disposed of at this motion stage, with a direction to the respondent corporation to seek review of the NOC to be obtained from the Deputy Commissioner, Budgam in light of the amendment to the Jammu and Kashmir Unified Building Bylaws, 2021. It is further provided that till such time as the matter is considered by the respondents, the impugned communication shall not be given effect to. The aforesaid exercise shall be completed within a period of six weeks.
5. Accordingly, the present petition is disposed of, on the above terms.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR: 04.05.2026 “Adil Ismail”