M/S Mir Steel Rolling Mills vs State Of Jk & Ors
2021 Latest Caselaw 607 j&K/2

                                                                                     Serial No. 333
                                                                                   Supplementary-2 List

                 HIGH COURT OF JAMMU AND KASHMIR
                           AT SRINAGAR

                                  {Through Virtual Mode}


                                   OWP No. 713/2017
                                                                       Dated: 31st of May, 2021.

M/S Mir Steel Rolling Mills
                                                                          ... Petitioner(s)
                                   Through:
                         Mr A. M. Dar, Senior Advocate with
                         Mr Bhat Shafi, Advocate.

                                           Versus

State of JK & Ors.
                                                                        ... Respondent(s)

Through:

Mr Hakim Aman Ali, Dy. AG.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

(JUDGMENT)

01. The Petitioner has sought the indulgence of this Court in granting

him the following relief(s):

I. Issue writ, direction or order in the nature of Certiorari for quashing letter No. PDD/IV/PAC/11/2014 dated 16.01.2017 to the extent of the decision as contained at para no. 1, 2 and;

II. Issue writ, direction or order in the nature of Mandamus, commanding the respondents to allow to run the unit with all installed machines and to ensure supply of electricity as ordered by the Hon'ble Court vide orders dated 13.1.2016, 27.4.2016 and 17.12.2016 passed in OWP no. 18/2016 for carrying out the production as per Government orders; III. Any other writ, direction or order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents along with the cost of litigation."

OWP No.713/2017

02. On notice having been issued, the Respondents have filed their

Objections in opposition to the maintainability of the instant Petition.

03. Today, when this matter was taken up for consideration, Mr A.

M. Dar, the learned Senior Counsel appearing for the Petitioner, at the outset,

submitted that a Coordinate Bench of this Court has already decided a similar

matter titled 'M/S Diamond Grinding Media Industry v. State of JK & Ors.':

OWP No.1095/2016, decided on 2nd of February, 2021 and that the case of the

present Petitioner, being similar to the said case, be also disposed of on similar

lines directing the Respondents to consider the case of the Petitioner in light

of the directions passed therein.

04. Heard learned counsel for the parties, perused the pleadings on

record and considered the matter.

05. Perusal of the pleadings on record brings it to the fore that the

claim of the Petitioner is, prima facie, squarely covered by the judgment

referred to and relied upon by the learned Senior Counsel for the Petitioner

rendered by the Coordinate Bench of this Court in M/s Diamond Grinding

Media Industry's case (Supra). The learned Senior Counsel has also

submitted that the said judgment has not been, till date, challenged by the

Respondents and is, thus in force at this point in time. That being so, the

Respondents are obliged in law to consider the claim of the present Petitioner

OWP No.713/2017

on the same terms, of course, if the claim of the Petitioner herein is similar to

the one projected by the Petitioner in the said case.

06. Given the above position, this Writ Petition, at this stage, is

disposed of with a direction to the Respondents to consider the case of the

Petitioner in light of the mandate of judgment dated 2 nd of February, 2021

passed by the Coordinate Bench of this Court in case titled 'M/s Diamond

Grinding Media Industry v. State of JK & Ors.': OWP No.1095/2016, of

course, if the same is applicable to the facts and circumstances of the present

case as well. Consideration shall be effected and decision taken expeditiously,

in any case, not later than two months from today. The Petitioner may, on his

part, handover copy of the Writ Petition along with all its annexures; judgment

passed today; as well as the one passed by the Coordinate Bench, referred to

and relied upon by the Petitioner, to the Respondents so as to facilitate an early

decision in the matter. It is, however, made clear here that this Court has not

expressed any opinion with regard to the merits of the case of the Petitioner.

07. Writ Petition disposed of as above, along with all connected

CMs.

(Ali Mohammad Magrey) Judge SRINAGAR May 31st, 2021 "TAHIR"

i. Whether the Judgment is reportable? Yes/ No. ii. Whether the Judgment is speaking? Yes/ No.

TAHIR MANZOOR BHAT 2021.06.08 15:17 I attest to the accuracy and integrity of this document