M/S Durga Papers Mills And Others vs State Of J&K And Others
2021 Latest Caselaw 1179 j&K

                                                                           Sr. No. 34



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                  OWP No. 1716/2012
                                                  IA No. 2450/2012

M/s Durga Papers Mills and others                         .....Appellant/Petitioner(s)

                                 Through :- Mr. Anuj Dewan Raina, Advocate
                          v/s

State of J&K and others                                            .....Respondent(s)

                                 Through :- Mr. S. S. Nanda, Sr. AAG
                                            Mr. F. A. Natnoo, AAG

Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                    ORDER

Learned counsel for the petitioners does not press the relief No. 3

by virtue of which directions were sought for commanding the respondents to

conclude the land acquisition proceedings initiated in favour of the petitioners.

Learned counsel for the petitioners submits that the grievance of

the petitioners shall be satisfied, in the event, the respondent Nos. 3 and 4 are

directed to consider the claim of the petitioners with regard to issuance of

Permanent Registration Certificate in view of the change in position of law

after the abrogation of Article 370 of Constitution of India.

Learned counsel for the petitioners places reliance upon the

judgment passed by this Court in writ petition 'K.P. Paper Mills vs. State of

J&K and others'.

Mr. F. A. Natnoo, learned AAG submits that the appropriate

orders may be passed in view of the facts and circumstances of the case.

I have perused the judgment passed in 'K.P. Paper Mills vs. State

of J&K and others' in which it has been held that non state subject owners of

the units cannot be denied the permanent registration. More so, with the

changed scenario, this Court deems it proper to dispose of the present petition

with a direction to the respondent Nos. 3 and 4 to consider the case of the

petitioners for permanent registration in accordance with the Rules.

Disposed of accordingly. Needful shall be done by the respondent

Nos. 3 and 4 within a period of three months from today.

(RAJNESH OSWAL) JUDGE JAMMU 24.09.2021 Neha

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

NEHA KUMARI 2021.09.24 16:15 I attest to the accuracy and integrity of this document