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Serial No. 124

Regular List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CM No. 7973/2025 in

WP(C) No 2925/2025

M/s Shree Sai Stone Crusher

…..Petitioner

Through: Mr. Ajay Abrol, Advocate

Vs

UT of J&K & Ors.

.….Respondents

Through: Ms. Nazia Fazal, Assisting Counsel to

Mrs. Monika Kohli, Sr. AAG

Mr. Vishal Bharti, Dy. AG

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(30.12.2025)

01. The institution of present writ petition came to take

place in the face of an order No. 200-JK PCC of 2023

dated 16.03.2023 passed by the Jammu & Kashmir

Pollution Control Committee thereby ordering

immediate closure of stone crusher i.e. M/s Balaji

Stone Crusher, Gandial, Tehsil & District Kathua being

run by its sole proprietor Manoj Kumar who is the

petitioner in the present writ petition.

02. Thus, from 16.03.2023 - the date of issuance of the

impugned order to the institution of the writ petition

taking place on 15.10.2025, the petitioner reconciled

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CM No. 7973/2025 in

WP(C) No 2925/2025

itself with the order of closure of the stone crusher

pursuant to the impugned order.

03. Accompanying the writ petition is an application CM

No. 6717/2025 claiming an interim direction of

staying the operation of the impugned order No. 200-

JK PCC of 2023 dated 16.03.2023. Though in said

application CM No. 6717/2025, the impugned order’s

reference is erroneously made as Order No. 200 JK

PCC of 2025

04. Be that as it may, this Court, in terms of an order

dated 18.10.2025, came to take cognizance of the time

interval between the impugned order and the

institution of the writ petition without any explanation

for the delay in institution of the writ petition. Learned

counsel for the petitioner was put to query about the

maintainability of the writ petition at the first instance.

05. In terms of an order dated 29.10.2025, this Court, by

referring to the statement of learned counsel for the

petitioner that the impugned order No. 200-JK PCC of

2023 dated 16.03.2023 was not within the knowledge

of the petitioner as the said order was never ever served

upon the petitioner, considered issuance of notice in

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CM No. 7973/2025 in

WP(C) No 2925/2025

the matter and, accordingly, ordered issuance of notice

to the respondents.

06. On behalf of the respondents, respective counsel came

to cause appearance and they were granted four weeks’

time for filing reply.

07. In the meantime, the petitioner came forward with an

application CM No. 7973/2025 seeking staying of the

operation of impugned communication No.

DCK/SQ/2025-26/4166-67 (7606811) dated

14.11.2025 issued by the Assistant Commissioner

(Revenue) in the office of Deputy Commissioner,

Kathua to Tehsildar Kathua wherein Tehsildar Kathua

is being called upon to resort to further necessary

action by reference to impugned order No. 200-JK PCC

of 2023 dated 16.03.2023 issued by the Jammu &

Kashmir Pollution Control Committee ordering the

closure of the petitioner’s stone crusher.

08. An application CM No. 7973/2025 came to be filed on

09.12.2025 which is again after one month of issuance

of Communication No. DCK/SQ/2025-26/4166-67

(7606811) dated 14.11.2025 by Assistant

Commissioner (Revenue), Kathua.

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CM No. 7973/2025 in

WP(C) No 2925/2025

09. Mr. Ajay Abrol, learned counsel for the petitioner urges

this court to grant indulgence in staying the operation

of the communication No.DCK/SQ/2025-26/4166-67

(7606811) dated 14.11.2025.

10. This Court cannot lose sight of the fact that given the

time interval between the communication No.DCK/SQ/

2025-26/4166-67 (7606811) dated 14.11.2025

and filing of application CM No. 7973/2025 on

10.12.2025, an ex parte order saying operation of the

impugned communication No. DCK/SQ/2025-

26/4166-67 (7606811) dated 14.11.2025 may not be in

the fitness of facts and circumstances of the case

without first knowing from the Tehsildar, Kathua as to

whether the stone crusher in reference has been put to

closure or not, pursuant to the directive of Assistant

Commissioner (Revenue), Kathua in terms of

communication No. DCK/SQ/2025-26/4166-67

(76