Shazad Shabanam vs Ut Of J&K And Ors
2022 Latest Caselaw 1981 j&K

                                                                  Sr. No. 135
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                               WP(C) No. 2712/2022


Shazad Shabanam                                     .....Appellant(s)/Petitioner(s)
                       Through: Mr. Rahul Pant, Sr. Advocate with
                                Ms. Arushi Shukla, Advocate
                 Vs
UT of J&K and Ors                                              ..... Respondent(s)

                      Through:



Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                    ORDER

16.12.2022

01. Heard learned Senior counsel Mr. Rahul Pant assisted by Ms. Arushi

Shukla learned counsel appearing for the petitioner.

02. Learned senior counsel for the petitioner submits that the Deputy

Commissioner Poonch by virtue of order impugned dated 12th May 2022 has

rejected the case of the petitioner for de-sealing of Stone Crusher in pursuant

order/Judgment passed by this Court on 1st April 2022 in WP(C) No. 724/2022

in case titled 'M/s Deewan Stone crusher vs. UT of J&K & Others'.

03. Learned Senior counsel appearing for the petitioner submit that the

reasons which have been spelt out in the aforesaid impugned order rejecting the

case of the petitioner are that since as per the report of the Naib-Tehsildars/

Executive Magistrates vide communication No. NTH/254 dated 30th April

2022, Unit could not be de-sealed in light of the fact that the petitioner has not

removed encroachment from the State land nor has he made it encumbrance

free. In light of the aforesaid report submitted by the Naib-Tehsildars, the case

of the petitioner was rejected for de-sealing.

04. Learned Senior counsel for the petitioner disputes the allegations leveled

in the aforesaid communication for rejecting the case of the petitioner. He

contends that the petitioner has already removed the encroachments from the

State land and he further contends that the land is encumbrance free and to

make his stand clear he has annexed the requisite documents with the present

writ petition.

05. Be that as it may, prima facie case for indulgence has been made out.

06. Issue notice to the respondents.

07. Subject to the petitioner taking steps for the service of the respondents,

Registry is directed to issue notice to the respondents, returnable within four

weeks.

08. List on 07.02.2023.

09. In the meanwhile, subject to the objections from the other side and till

next date of hearing before the Bench, respondent No. 2-Deputy Commissioner

Poonch is directed to de-seal the stone crusher of the petitioner in case the

petitioner has removed the encroachments from the State land and has made the

same encumbrance free and in case if there is no other legal impediment in

doing so. Respondent no.2 is directed to take a decision in this regard within

four weeks from today by passing a detailed speaking order.

(Wasim Sadiq Nargal) Judge Jammu 16.12.2022 Javid Iqbal