WP(C)/2175/2020 of KUFAIL AHMAD Vs DIVISIONAL COMMISSIONER KASHMIR AND ORS. (REVENUE DEPARTMENT) on 31 December 2020

Serial No. 113 Admission

IN THE HIGH COURT OF JAMMU AND KASHMIRAT SRINAGAR

CM No. 7014/2020

WP (C) No. 2175/ 2020 CM No. 7015/2020

Kufail Ahmad

Petitioner(s)

Through:-

Mr. Ateeb Kanth, Adv.

UT of J&K and Ors.

Vs.

Respondent(s)

Through:-

Mr. B. A. Dar, Sr. AAG.

CORAM:-

Hon’ble Mr. Justice Vinod Chatterji Koul, Judge.

(O R D E R)31-12-2020

CM NO. 7014/2020:

Application in view of averments made therein, is allowed and affixing of court fee, etcetra, is waived off, at this stage. However, petitioner/applicant shall make good the deficiency in Court fee, etc, within a week’s time after reopening of this Court in physical mode/hearing.

WP (C) No. 2175/2020:

01. Heard.

02. Issue notice to the respondents. Mr. B. A. Dar, enters appearance and accepts notice on behalf of the respondents.

03. The case of the petitioner is that he was granted license No. 01 of 2020 dated 05.02.2020 for importing and storing petroleum Class B otherwise than in bulk in quantity not exceeding 25,000 litres. Petitioner has been dealing with the bulk in quantity not exceeding 25,000 litres. Petitioner has been dealing with the

petroleum steadfastly and has not given any occasion for any complaint. But he is being unnecessarily harassed by the respondents on one pretext or the other and a communication has been issued by the Tehsildar on 25.11.2020. He has moved a representation before the Deputy Commissioner. Baramulla explaining his position and requested him that he may not be unnecessarily harassed but not action has been taken for redressal of his grievance by the Deputy Commissioner, Baramulla.

04. The main grievance of the petitioner is that he is being harassed without any reason though he has not committed any violation in respect of the storage of petroleum products in accordance with the license granted to him and his representation regarding same made by him to the Deputy Commissioner, Barmamulla has not been decided. reason though he has not committed any violation in respect of the storage of petroleum products in accordance with the license granted to him and his representation regarding same made by him to the Deputy Commissioner, Barmamulla has not been decided.

05. After hearing learned counsel for the petitioner, Mr. B. A. Dar, learned Sr. AAG while appearing on behalf of the respondents submits that the representation moved by the petitioner before the Deputy Commissioner, Baramulla would be considered in accordance with law and will be disposed of expeditiously. AAG while appearing on behalf of the respondents submits that the representation moved by the petitioner before the Deputy Commissioner, Baramulla would be considered in accordance with law and will be disposed of expeditiously.

06. Having regard to the submission made by Mr. B. A. Dar, learned Sr. AAG, learned counsel for the petitioner submits that he would be satisfied in case respondent No. 2-Deputy Commissioner, Baramulla is directed to dispose of the representation in accordance with the provisions of the law. learned counsel for the petitioner submits that he would be satisfied in case respondent No. 2-Deputy Commissioner, Baramulla is directed to dispose of the representation in accordance with the provisions of the law.

07. in view of the submissions made above, this writ petition is disposed of with a direction to the respondent No. 2-Deputy Commissioner, Baramulla to dispose of the representation (Annexure-III) attached with this writ petition strictly in accordance with law within a period of four weeks from the date a direction to the respondent No. 2-Deputy Commissioner, Baramulla to dispose of the representation (Annexure-III) attached with this writ petition strictly in accordance with law within a period of four weeks from the date copy of this order along with representation (Annexure-III) is served upon him.

08. Disposed of as above.

SRINAGAR 31.12.2020 “Aasif

(Vinod Chatterji Koul)

Judge