Puran Singh and Others Vs Ut of J and K through the Commissioner Secretary Revenue Deptt and Others

¶1

Sr. No. 133

¶2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

¶3

WP(C) No. 3256/2025

¶4

Date of pronouncement: 19.11.2025 Date of uploading: .11.2025

¶5

Puran Singh , Age 43 years, S/o Sh. Baldev Singh, R/o Village Lamberi, Tehsil Nowshera, District Rajouri, J&K.

¶6

.....Applicant(s)/Petitioner(s)

¶7

Ashok Kumar , Age 39 years, S/o Sh. Paras Ram, R/o Village Lamberi, Tehsil Nowshera, District Rajouri, J&K.

¶8

Mangat Ram , Age 36 years, S/o Sh. Bachan Lal, R/o Village Lamberi, Tehsil Nowshera, District Rajouri, J&K. Pawan Kumar , Age 44 years, S/o Sh. Ved Prakash, R/o Village Lamberi, Tehsil Nowshera, District Rajouri, J&K.

¶9

Through :- Mr. Ashish Sharma, Advocate with Mr. Munish Kumar Sharma, Advocate. v/s

¶10

UT of J & K , .....Respondent(s) Through the Commissioner/Secretary, Revenue Department, Jammu/Srinagar.

¶11

Director, Consumer Affairs, and Public Distribution Department , Jammu.

¶12

Additional Deputy Commissioner , Rajouri.

¶13

Additional Deputy Commissioner , Nowshera.

¶14

Tehsildar Nowshera.

¶15

Tehsildar Supply Officer, Food, Civil Supplies and Consumer Affairs , Nowshera.

¶16

Chief Education Officer, Education

¶17

Department Rajouri.

¶18

Smt. Rajni Balla , W/o Sh. Gurdev Singh, R/o Village Lamberi, Tehsil Nowshera, Distrct Rajouri, J&K.

¶19

Through :- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr.AAG.

¶20

CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

¶21

ORDER 19.11.2025

¶22

01. By this petition, petitioners herein have challenged Order/License No.DCR/2023-24/Estt/17 dated 12.07.2024, issued by respondent No.3, whereby respondent No.8 has been granted license to install the flour mill at Village Lamberi Tehsil Nowshera District Rajouri at Khasra No.88/1.

¶23

02. It is stated that the petitioners are the parents/guardians of minor students studying at Christ High School, Lamberi, Tehsil Nowshera, District Rajouri. Respondent No.3 has granted permission to respondent No.8 for the construction and installation of a flour mill/ atta chakki at the proposed site, which is in the vicinity of (within 200 metres) Guru Gang Dev Ji Model High School, Dandesar, Government Middle School and Christ High School, Lamberi, without following the guidelines issued by Government from time to time including circular issued by the Deputy Commissioner, Rajouri dated 25.02.2010, which mandates restrictions on the establishment of commercial/industrial units in proximity to educational institutions to safeguard the health, safety, and conducive learning environment of students. According to the petitioners, the proposed site for the flour mill/atta chakki is situated within 200 metres proximity to three educational institutions, namely, Guru Gang Dev Ji

¶24

WP(C) No.3256/2025 Page No.02

¶25

Model High School, Dandesar (150 metres), Government Middle School (50 Metres) and Christ High School, Lamberi (20 Metres) and Shiv Temple (180 Metres), as such, would pose significant risk such as noise pollution, dust emission and potential health hazards to the students and staff of these schools, which is in direct contravention of the guidelines (supra) aimed at protecting educational premises.

¶26

03. Petitioners, who are the residents of the village, filed an application under the Right to Information Act, 2005 before Christ High School, Lamberi on 25.09.2025, thereby seeking details regarding “No Objection Certificate” (NOC), if any issued for the installation of the mini flour mill in the vicinity of the school. As per the response received by the petitioner, it is stated that no NOC has been sought from the school for installation and operation of flour mill.

¶27

04. Learned counsel for the petitioners states that the petitioners have filed representation before respondent No.3-Deputy Commissioner Rajouri, but till date no heed has been paid to the representation of the petitioners. He further states that the petitioners would feel satisfied, if the instant petition is disposed of with a direction to respondent No.3, to consider and decide the representation filed by the petitioners duly received by him on 13.11.2025, within a reasonable period of time.

¶28

05. Learned counsel for the respondents is not averse to the proposition made by learned counsel for the petitioners.

¶29

06. Be that as it may, without expressing any opinion upon the merits of the case, this petition is disposed of, at the threshold, with a direction to respondent No.3 to consider and decide the representation of the

¶30

WP(C) No.3256/2025 Page No.03

¶31

petitioners, duly received by his office him on 13.11.2025, by passing a speaking order thereon, within a period of three weeks, from the date of passing of this order. Till the representation of the petitioner is considered and decided by respondent No.3, impugned order shall remain in abeyance.

¶32

07. Disposed of.

¶33

(Moksha Khajuria Kazmi) Judge

¶34

JAMMU 19.11.2025 Eva

¶35

WP(C) No.3256/2025 Page No.04

Puran Singh and Others v. Ut of J and K through the Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

Puran Singh and Others v. Ut of J and K through the Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Geeta Devi and Another Vs the Ut of J and K through Director General of Police and Others

Zorawar Singh Vs Ut of J and K Th Commissioner Secretary, Revenue Department, Jammu and Others

Rajinder Sharma through Lrs Suman Sharma and Others Vs Darbari Lal and Another

Lal Chand Vs Member J and K Spl.Tribunal and Anr.

M/S Saroop Brick Kiln Th Bhrigu Khajuria Vs Ut of J and K Th. Commissioner Secretary Forest Ecology and Environment Deptt and Others

M/S Amar Hightech Enginering Industries Pvt. Ltd. through Amar Nath Bhargav Vs Union of India through Secretary Ministry of Home Affairs and Another