M/S Puri Stone Crusher Th Champa Devi Kathua v. Union Territory of Jammu and Kashmir Th Secretary Industries and Commerce Deptt and Others

ORDER

21.05.2025

WP(C) Nos. 1631/2020 and 1753/2020

¶1In both these cases, learned counsel for the petitioners submits that the writ petitions have been rendered infructuous and, therefore, seeks withdrawal of both the petitions.

¶2Dismissed as withdrawn.

WP(C) Nos. 2988/2019, 3031/2019, 3032/2019 & 3234/2019

¶1A purported action on the part of a team comprising of officials/officers of the Irrigation Department, the Flood Control Department, the Public Works Department, the Revenue Department, the officials from Block Development Office and the Geology and Mining Department under the lead and command of the respondent No. 5-Deputy Commissioner, Kathua came to be carried out whereby the respective business premises of the petitioners, in all the four writ petitions, housing stone crushers and raw materials dealt by the petitioners in its stone crushers, are said to have been raided.

¶2Pursuant to said raid, the petitioners, in all the four writ petitions, are alleged to have been found in violation of the

3 WP(C) No. 2988/2019 a/c connected matters.

provisions of SRO 105 of 2016 dated 31st of March, 2016 which led the District Mineral Officer, Geology and Mining Department Kathua to serve the petitioners quo their said business premises with the impugned Orders No. DMO/K/Notice/2019-20/1040-42 dated 02.08.2019 and DMO/K/Notice/2019-20/1052-54 dated 03.08.2019.

¶3It is argued by Mr. Parag Sharma, learned counsel for the petitioners that during the alleged raid so carried out by the respondent No. 5-Deputy Commissioner, Kathua, the office record of the petitioners also came to be taken away from the business premises of the petitioners and ever since then the petitioners are not in knowhow of the said record.

¶4There is no denial to the fact that the respondent No. 5-Deputy Commissioner, Kathua along with the team carried out the raid of the petitioners' business premises on

01.08.2019. That being so, there must have been some record making and maintaining in regard to exercise of raid so carried out by the respondent No. 5-Deputy Commissioner, Kathua at the business premises of the petitioners.

¶5The respondent No. 5-Deputy Commissioner, Kathua is, thus, directed to make available the requisite record, if any, by the next date of hearing. In case the same is found no more to be in his charge and custody then the status of the

4 WP(C) No. 2988/2019 a/c connected matters.

said record in regard to which exercise of raid was so carried out by the Deputy Commissioner, Kathua at the business premises of the petitioners on 01.08.2019 be apprised.

¶6A copy of this order be given to Ms. Nazia Fazal, Advocate appearing vice Mrs. Monika Kohli, learned Sr. AAG for the respondent No. 5-Deputy Commissioner, Kathua for the sake of notice and compliance at the end of the respondent No. 5-Deputy Commissioner, Kathua.

¶7Failure of compliance on the part of the respondent No. 5-Deputy Commissioner, Kathua, in doing the needful as directed, may warrant a direction for his personal appearance in the case.

¶8List again on 04.07.2025

¶9Interim directions operating in all the cases to continue till next date of hearing.

(RAHUL BHARTI) JUDGE JAMMU

21.05.2025

Naresh/Secy.

Sr.ANo.A6A HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU , , Case No.:- WP(C) No. 2988/2019 CM Nos. 8652/2019, 6150/2019, 6378/2022, 2642/2022, 2513/2021 & 2514/2021 c/w WP(C) No. 3031/2019 CM Nos. 752/2020, 751/2020, 6237/2019 & 6764/2019 WP(C) No. 3032/2019 CM Nos. 8653/2019 & 6238/2019 WP(C) No. 3234/2019 CM Nos. 795/2020, 796/2020 & 67382019 WP(C) No. 1631/2020 CM nos. 6730/2020, 6731/2020 & 5567/2020 WP(C) No. 1753/2020 CM Nos. 6121/2020 & 6604/2020 M/s Raavi Stone Crusher …..Petitioner(s) Through: Mr. Parag Sharma, Advocate. Vs State & ors .….oRespondent(s) Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-2 and 5. Mr. Dewakar Sharma, Advocate for R-1, 3,4 & 6. Coram: HON'BLEoMR.oJUSTICEoRAHUL BHARTI, JUDGE a 2 WP(C) No. 2988/2019 a/c connected matters.