Jammu and Kashmir High Court
WP(C)/2122/2020 of M/S SHREE KRISHNA STONE CRUSHER Vs UNION TERRITORY OF J AND K TH INDUSTRIES AND COMMERCE DEPTT AND ORS on 31 December 2020
Admission IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE) WP(C) No.2122/2020 CM No.8308/2020 CM No.8309/2020 M/s Shree Krishna Stone Crusher …Petitioner(s) Through: Mr. M. K. Bhardwaj, Sr. Advocate, with Mr Gagan Kohli, Advocate. V/s Union Territory of J&K
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Item No.103 Admission
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)
WP(C) No.2122/2020
CM No.8308/2020 CM No.8309/2020
…Petitioner(s)
M/s Shree Krishna Stone Crusher Through: Mr. M. K. Bhardwaj, Sr. Advocate, with Mr Gagan Kohli, Advocate.
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.8309/2020
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.2122/2020
CM No.8308/2020
01. In this petition, the petitioner has inter alia prayed for the following reliefs:
“a. To quash and set aside the order impugned No. SEM/DGM/DMO/I/seizure/2-21/2388-84 dated 21.12.2020 issued by the respondents, by the issuance of writ, order or directions in the nature of certiorari.
b. To command and direct the respondents to de-seal the unit and allow the petitioner to run his industrial unit, by the issuance of writ, order or direction in the nature of mandamus.”
02. Mr Bhardwaj, learned senior counsel for the petitioner submits that the petitioner would feel satisfied at this stage if he is permitted to make a representation against the impugned order to the Director Geology and Mining Department, Jammu & Kashmir, Jammu. It is submitted that the petitioner is procuring the raw material from legitimate source and therefore, his stone crusher sealed by respondent no.3 deserve to be de-sealed. 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 permitting the petitioner to move a formal representation before the Director Geology and Mining Department, Jammu, within one week with a further direction to the Director to consider and dispose of the same in accordance with applicable legal provisions within a period of four weeks from the date of receipt of representations. Ordered accordingly.
04. Needless to say, that petitioner shall be at liberty to place before the Director any relevant material he wishes to produce before him to substantiate his plea.
05. It is made clear that in case the Director fails to take a decision on the representation of the petitioner, if filed within the stipulated period, the petitioner shall be free to operate his crusher provided he has the requisite licence and procure the raw material from legal and legitimate source. 06.Disposed of.
Jammu 31.12.2020“Abdul Qayoom, PS”
(Sanjeev Kumar) Judge