Abdul Rashid Khan Vs Union Territory of J and K (Geology and Mining) and Ors. — J&K HC (2025) — LawSathi Research

Abdul Rashid Khan Vs Union Territory of J and K (Geology and Mining) and Ors. — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3 (District Mineral Officer, Geology and Mining Department) to accord consideration to the petitioner's case strictly in accordance with rules and as per law within six weeks, giving due weightage to the recommendation in the Communication dated 19th November, 2024, with the decision to be forwarded to the petitioner through registered post.

Issue for consideration

Whether respondent no. 3 should be directed to consider the petitioner's case for extraction of soil/stones in the light of the Communication dated 19th November, 2024.

Court's answer

The writ petition is disposed of by directing respondent no. 3 (District Mineral Officer, Geology and Mining Department) to accord consideration to the petitioner's case strictly in accordance with rules and as per law within six weeks of the copy of the order, writ petition and annexures being made available to him.

Ratio / Principle

While according consideration, respondent no. 3 shall give due weightage to the recommendation made in terms of the Communication dated 19th November, 2024.

Key takeaways

The entire exercise is to be completed within the stipulated period and the decision taken is to be forwarded to the petitioner through registered post.ratio¶21

Detailed headnote1 paragraphs

Writ Petition (WP(C) 973/2025) disposed of at threshold, with consent of both sides, by a direction (not adjudication on merits): respondent no. 3, the District Mineral Officer, Geology and Mining Department, is to accord consideration to petitioner Abdul Rashid Khan's case strictly in accordance with rules and as per law within six weeks of receipt of the order, writ petition and annexures, giving due weightage to the recommendation in the Communication dated 19th November, 2024 of the Additional Deputy Commissioner, Kupwara to the Deputy Commissioner, Kupwara regarding lifting of surplus material; the Deputy Commissioner had already conveyed an NOC for extraction of soil/stones to level the land for agriculture/horticulture purposes, but respondent no. 3 had taken no decision. The decision is to be forwarded to the petitioner by registered post.

Serial No. 17 Regular List

IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C) 973/2025 CM(2552/2025)

ABDUL RASHID KHAN

…Petitioner(s)

Through: Mr. Mukhtar Ahmad Makroo, Adv.

Vs.

UNION TERRITORY OF J AND K (GEOLOGY AND MINING) AND ORS

...Respondent(s)

Through: Mr. Jahangir Ahmad Dar, GA.

CORAM:

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER

05.05.2025

While the matter was being argued, learned counsel for the petitioner has drawn the attention of this Court to a Communication dated 19^th November, 2024, addressed by the Additional Deputy Commissioner, Kupwara, to the Deputy Commissioner, Kupwara, with regard to lifting of Surplus material for development of land falling under Khasra Nos’ 75, 76, 77, 740/737/78, 804/738/78 in favour of the petitioner.

From a bare perusal of the aforesaid communication, it is apparent that the Deputy Commissioner has already conveyed the No Objection Certificate

(NOC) in favour of the petitioner for extraction of soil/stones to the level his land and develop it for agriculture/horticulture purposes, for the reason that the entire chunk of land will turn barren and non-productive being slop with no irrigation or scope for productivity, unless, the same is allowed to be developed/leveled and improved by way of extraction of soil/stones and clay.

Learned counsel for the petitioner further submits that in pursuance to the no objection conveyed to the Deputy Commissioner concerned, no decision has been taken by the appropriate Authority i.e., respondent no. 3, which prompted the petitioner to file the instant petition.

After arguing for a while, learned counsel for the petitioner submits that he would feel satisfied in case the instant petition is disposed of by directing the said respondent to consider the case of the petitioner in the light of the Communication dated 19^th November, 2024, mentioned supra, to which, Mr. Jahangir Ahmad Dar, learned GA, who has caused appearance on behalf of respondents on the asking of the Court, has no objection.

With the consent of learned counsel for the parties, the instant petition, at its threshold, is taken up for final disposal. Accordingly, the same is disposed of by directing the respondent no. 3 [District Mineral Officer, Geology and Mining Department] to accord consideration to the case of the petitioner strictly in accordance with rules and as per law within a period of six weeks from the date a copy of this order along with the writ petition and annexures are made available to him.

It is made clear that while, according consideration to the case of the petitioner, the respondent no. 3 shall give due weightage to the recommendation made in terms of Communication dated 19^th November, 2024 mentioned supra. Let the entire exercise be completed within the

aforesaid period and the decision which is likely to be taken be forwarded to the petitioner through registered post.

The writ petition is disposed of along with connected CM(s) in the matter indicated above.

(WASIM SADIQ NARGAL) JUDGE

SRINAGAR:

05.05.2025

“Shamim Dar”