Jammu and Kashmir High Court
WP(C)/2120/2020 of M/S NEW ORIENTAL STONE CRUSHER AND ANR 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.2120/2020 CM No.8304/2020 CM No.8305/2020 M/s New Oriental Stone Crusher & Anr. …Petitioner(s) Through: Mr. Parag Sharma, Advocate. V/s Union Territory of J&K and others.
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Item No.102 Admission
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)
WP(C) No.2120/2020
CM No.8304/2020 CM No.8305/2020
M/s New Oriental Stone Crusher & Anr.
Through: Mr. Parag 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.8305/2020
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.2120/2020CM No.8304/2020
01. In this petition, the petitioners have inter alia prayed for the following reliefs:
“(i) Writ of certiorari thereby quashing the impugned order No. DMO/J/Illegal mining/20-21/1899-1904 dated 17.11.2020 issued by respondent No.6 i.e. District Mineral Officer, Geology and Mining Department, Jammu.
(ii) Writ of mandamus directing and commanding the respondent No.7 to restore the power supply of the petitioners’ unit immediately.
(iii) Writ of prohibition directing the District Mineral Officer, Geology and Mining Department, Jammu in furtherance not to pass any illegal order/s against the petitioners herein and only within the purview of Mineral (Development and Regulation) Act 1957.”
02. Mr Parag Sharma, learned counsel for the petitioners, submits that pursuant to the sealing of petitioners’ crushers, the respondent no.7 has snapped power supply to the petitioners’ units. Learned counsel further submits that petitioners would feel satisfied, if they are permitted to make a representation against the impugned orders to the Director, Geology and Mining Department, Jammu & Kashmir, Jammu. It is submitted that petitioners are procuring their raw material from legitimate source and, therefore, their stone crushers sealed by respondent no.6 deserves to be de-sealed and power supply restored.
03. Having heard learned counsel for the petitioners and perused the documents on record, I am of the view that this petition can be disposed of at this stage by permitting the petitioners 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. In case the respondent-Director Geology and Mining takes a decision for de-sealing of the crushers, consequent direction shall be issued by him to respondent no.7 for restoration of the power supply provided there is no legal impediment in doing so.
04. Needless to say that petitioners shall be at liberty to place before the Director any relevant material they wish to produce before him to substantiate their plea.
05. It is made clear that in case the Director fails to take a decision on the representation of the petitioners, if filed within the stipulated period, the petitioners shall be free to operate their crushers provided they have 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