Serial No.8 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2384/2023 CM(5611/2023) FAROOQ AHMAD AND ORS. …Petitioner(s) Through: Mr. Irshad Ahmad, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 14.10.2025 1. In pursuance to the directions of this Court, both sides have come forward with the placement of the photographs of the shop premises in reference, which ex-facie show that it cannot by any stretch of claim and reference be said to be in use for the purpose of storage of food grains be it fresh one or the damaged one by the Department of Food, Civil Supplies and Consumer Affairs Srinagar. 2. Petitioners are admittedly the owners/lessors of the premises in reference with respect to which the respondents cannot be heard to prolong their stay for the purported purpose of storage of damaged food grains. 3. Even for the purpose of storage of the damaged food-grains in the premises in reference as obtaining in given a state as is borne out from the photographs would be nothing but a recurring health- hazard in the neighborhood by foul smell of rotten stored food grain stuff in the premises. 4. The writ petition deserves to be allowed and, accordingly, this Court directs the respondent No. 2- Director Food, Civil Supplies and Consumer Affairs Department, Srinagar, and also the district Baramulla officials of the Department of Food, Civil Supplies and Consumer Affairs to vacate the shop in reference of the petitioners within next two months. 5. The petitioners shall also be entitled to earn and receive payment of the arrears of rent if assessed legally for the shop- premises in reference for the period for which the same has not been paid. 6. It is made clear that vacation of the shop- premises in reference is the first compliance to be carried out and thereafter the assessment settlement and payment of the rent to take place later. 7. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 14.10.2025 “Opinder”