M/S KASANA DAIRY FARM v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)
WP(C)/1371/2024 · 2026-03-11
Mohd Yousuf Wani
Writ Petition (Civil)body2024
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[ 2024 DAILYLAW 377 (JK) · dailylaw.ai ]
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[ 2024 DAILYLAW 377 (JK) · dailylaw.ai ]
Judgment text
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Serial No. 180 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1371/2024 c/w CCP(S) 366/2024 M/S KASANA DAIRY FARM(SENIOR CITIZEN) …Petitioner(s)/Appellant(s). Through: Mir Majid Bashir, Advocate Vs.
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) ...Respondent(s). Through: None
CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 11.03.2026 WP(C) 1371/2024
1. The case of the petitioner in nutshell is that he is a lawful operator and owner of Diary Farm under the name and style of ‘M/S Kasana Diary Farm’ duly registered and is engaged in the legitimate transportation and rearing of livestock essential for dairy purposes. That despite possessing valid permissions/certificates issued by the competent authorities, he faces persistent harassment, arbitrary delays by the respondents/police authorities. That such actions are devoid of legal justification and have gravely impeded the petitioner’s lawful business operations. That despite the directions issued by this Court in an earlier petition filed by the petitioner seeking protection and redressal against such arbitrary hindrances, the respondents have failed to comply with the said directions, thereby acting in clear breach of their statutory obligations. The petitioner while foregoing the other reliefs has only sought the issuance of writ/direction in the nature of mandamus for commanding upon the respondents to take appropriate measures so as to ensure his safety and
security as well as of the vehicles used for transporting cattle by shielding them from any threats. 2. I have heard the learned counsel for the petitioner who submitted that the petitioner is the lawful owner and operator of a dairy farm functioning under the name and style of M/S Kasana Diary Farm located at Sumbal Bala, Tehsil Gund, District Ganderbal. That the petitioner is legally authorized to procure and transport cattle from outside Union Territory for the purposes of operating the Dairy Farm. 3. The learned counsel further submitted that the petitioner holds a valid registration certificate as well as the specific permission for import and transport of livestock granted by Chief Animal Husbandry Officer concerned. That the petitioner has consistently demonstrated exemplary conduct in the course of his business and there have been no instances or allegations by the UT authorities indicating any of his involvement in illegal activities or those that could potentially lead to a civil disorder. That notwithstanding the petitioner’s valid permissions and authorizations, as evidenced by the documents forming annexures to the petition, the respondents especially respondents Nos. 3 and 4 have caused significant delays in processing the requisite formalities and issuing the necessary certificates. That such delays have not only caused considerable hardship and inconvenience to the petitioner but also endangered his life and property. 4.
That learned counsel for the petitioner also submitted that having regard to the facts and circumstances of the case and the relief sought, the matter can be disposed of even at this stage by passing of appropriate directions, action under which is otherwise legal obligation of the respondents. 5. This Court, in the light of the facts and circumstances of the case and having regard to the relief sought is of the opinion that, as submitted by the
learned counsel for the petitioner, the matter can be disposed of even at this stage by passing of appropriate directions which are not likely to prejudice the interests of either party.
6. Accordingly, the instant petition is disposed of at this stage with the direction that the petitioner shall be provided necessary security, as and when required, by the concerned respondents in the course of transportation of the cattle in the vehicles, strictly in accordance with the permissions granted by the concerned authorities.
7.
Disposed of along with the connected miscellaneous applications.
CCP(S) 366/2024
1. The present contempt petition arises out of the alleged non- compliance of the interim order dated 28.06.2024 passed in the main petition, which now stands finally disposed of.
2. In view of the above and considering that the main petition has already been disposed of, the proceedings in the present contempt petition are hereby closed.
3.
Disposed of.
(MOHD YOUSUF WANI) JUDGE SRINAGARJD 11.03.2026
“Mubashir “