Sr. No. 9 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2615/2025 CM No. 6036/2025 Swarn Singh …. Petitioner/Appellant(s) Through:- Mr. Arjun Singh Pathania, Advocate. V/s UT of J&K and Ors. …..Respondent(s) Through:- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 22.09.2025 1. The petitioner through the medium of the instant petition, has called in question the show-cause notice dated 21.08.2025 issued by the respondent No.3, in which the petitioner was granted an opportunity to furnish written reply as to why the temporary license be not suspended/cancelled. The petitioner was called upon to file reply within a period of five days positively from the date of issuance of the said notice, failing which, it was observed that it shall be presumed that the petitioner has nothing to say in his defence and in that eventuality, it has been conveyed to the petitioner that the department shall take action as per the relevant provisions of the J&K Excise Act and Excise Policy 2025-26. 2. Since through the medium of the aforesaid show-cause notice dated 21.08.2025, petitioner was granted five days time to file the written reply and there is no specific averment in the instant petition whether any such reply has been filed or not. The instant __________ writ petition has been filed after a gap of forty-six days however, no such averment has been pleaded in the writ petition but the petitioner, while highlighting the list of dates and events, has specified that the reply to the notice has been submitted on 25.08.2025, but no such reply has been brought on record nor any averment in this regard has been pleaded in the writ petition. 3. When learned counsel was confronted with the maintainability of the instant petition with regard to the challenge to the impugned notice whereby petitioner was granted five days time to file written reply, the petitioner seeks withdrawal of the instant petition with a liberty to file fresh one as and when the cause of action accrues. 4. In the aforesaid backdrop, the instant writ petition is held to be not maintainable as the same has been preferred against the show- cause notice the life of which is over now, to which the petitioner has already availed the remedy of filing the reply, though the said reply has not been placed on record. The instant writ petition in the aforesaid backdrop is dismissed having not maintainable with liberty to the petitioner to file fresh one if cause of action accrues. (Wasim Sadiq Nargal) Judge Jammu: 22.09.2025. Javid Iqbal