Jammu and Kashmir High Court
WP(C)/2119/2020 of M/S 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.2119/2020 CM No.8302/2020 CM No.8303/2020 M/s Oriental Stone Crusher and anr. …Petitioner(s) Through: Mr. Parag Sharma, Advocate. V/s Union Territory of J&K and others. …Respondents
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Item No.101 Admission
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)
WP(C) No.2119/2020
CM No.8302/2020 CM No.8303/2020
M/s Oriental Stone Crusher and 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.8303/2020
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.2119/2020CM No.8302/2020
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/Seal/SC/2018-19/2085-2089 dated 08.08.2018 and order No. DMO/J/SC/2018-2019/Seal/2090-94 dated 08.08.2018 whereby the petitioners’ units have been sealed.
(ii) Writ of mandamus directing and commanding the respondent No. 2 to de-seal and allow the stone crushers to be in operational in view of the Agreement executed by Lessee M/S Kesri Nandan Mines, Contractors & Suppliers of Block No.2/6 of Basanter River, Down Stream NH-1A Bridge, District Samba.”
02. Mr Parag Sharma, learned counsel for the petitioners, submits that the petitioners have already moved representation before the Director, Geology and Mining Department, Government of Jammu & Kashmir, Jammu, for de-sealing of their premises on the ground that they have now a valid and legitimate source for procurement of raw material. The grievance of the petitioners is that despite the fact that aforesaid representation was moved as far back as on 24[th] 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 petitioners 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 petitioners on 24[th] 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 petitioners 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 petitioners shall also be at liberty to place before the Director any additional material, they wish to produce before him. It is made clear that in case requisite decision on the representation of the petitioners is not taken by the Director within the stipulated period, the petitioners shall be free to operate their Crushers provided they are 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