WP(C)/2118/2020 of UPKAR STONE CRUSHERS CHAK GANESHU TH CHARAN CHOUDHARY Vs UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY INDUSTRIES AND COMMERCE DEPTT AND OTHERS. on 31 December 2020

Item No.104 Admission

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)

WP(C) No.2118/2020

CM No.8281/2020 CM No.8282/2020

Upkar Stone Crushers

Through: Mr. Vikram Sharma, Advocate.

…Petitioner(s)

V/s

Union Territory of J&K and others.

Through:

…Respondents

CORAM:

Hon’ble Mr Justice Sanjeev Kumar, Judge.

(ORDER) 31.12.2020

CM No.8282/2020

For the reasons detailed out in the application, the same is allowed and the requirement of affixing the court fee is dispensed with.

CM disposed of.

WP(C) No.2118/2020CM No.8281/2020

01. In this petition, the petitioner has inter alia prayed for the following reliefs:

“A) CERTIORARI : quashing thereby the Orders of sealing the petitioner unit issued vide No. DMOJ/Closure of MM based units/18-19/1498-1500 dated 16.05.2018 and No. DMO/J/SC/Seal/2018-19/2099-2103 dated 08.08.2018, issued by respondent geology and Mining Department.

B) CERTIORARI: Quashing the illegal and arbitrary disconnection of the duly sanctioned electricity connection of the petitioner unit issued by the Exec. Engineer, Elect. M&RE Division-II, Jammu, issue vide no.EMD/II/944-47 dated 26.06.2019, as also the DMO, Jammu’s communication for the same, copy whereof has never been made available to the petitioner.

C) MANDAMUS: Commanding the respondents to allow the petitioner unit to operate on the basis of the raw-material as has been consented to be given by the successful bidder/ Lessee of the allotted block i.e. the legal source.

D) MANDAMUS : Commanding the respondent Superintending Engineer and Exec. Engineer, M&RE Division II Jammu to restore the electricity connection of the petitioner unit.

D) PROHIBITION: Prohibiting the respondents from creating any further bottlenecks in the operation of the petitioner unit and the exercise of right to livelihood.”

02. Mr Vikram Sharma, learned counsel for the petitioner, submits that the petitioner has already moved representation before the Director, Geology and Mining Department, Government of Jammu & Kashmir, Jammu, for de-sealing of his premises on the ground that he has now a valid and legitimate source for procurement of raw material. The grievance of the petitioner is that despite the fact that aforesaid representation was moved as far back as on 23[rd]December, 2020, no decision in the matter is being taken by the Director and each day’s delay is working harsh for the petitioners.

03. Having heard learned counsel for the petitioner and perused the documents on record, I am of the view that this petition can be disposed of at this stage by directing the Director, Geology and Mining Department, Jammu to take appropriate decision on the representation stated to have been filed by the petitioner on 23[rd] December, 2020, in a time bound manner.

04. This petition is, accordingly, disposed of by directing the Director, Geology and Mining Department, Jammu, to consider and pass appropriate orders on the representation of the petitioner within a period of four weeks from the date a copy of this order along with copy of the writ petition is served upon him. The petitioner shall also be at liberty to place before the Director any additional material, he wishes to produce before him. It is made clear that in case requisite decision on the representation of the petitioner is not taken by the Director within the stipulated period, the petitioner shall be free to operate his Crusher provided the same is established in accordance with law and procure the material from legal and legitimate source.

05. Disposed of in the aforesaid terms along with connected CM(s).

Jammu 31.12.2020“Abdul Qayoom, PS”

(Sanjeev Kumar) Judge