1 LPA No. 57/2022 CM No. 1751/2022 S. No. 34 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 57/2022 CM No. 1751/2022 Faheem Ahad Wani …Appellant/Petitioner(s) Through: Mr. M. M. Dar, Advocate with Ms. Saiqa Jan, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Hakeem Aman Ali, Dy. AG CORAM: HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE O R D E R 29.08.2025 1. This appeal is directed against the judgement dated 25.02.2022 passed by learned Writ Court in WP(C) No. 327/2022 titled “Faheem Ahad Wani vs. Ut of J&K and Others.” 2. Petitioner/appellant in aforesaid writ petition was granted a license for sale of kerosene oil by the Respondent-Department. The official respondents had allotted quota for kerosene oil for retail sale and distribution. The appellant has assailed Order dated 18.02.2022, issued by Assistant Director, FCS&CA Department, Kupwara, whereby the supplies of some areas were stopped. He was also aggrieved of action of the respondents in releasing the supplies in favour of respondent No.4-Manzoor Ahmad Mir, as also for according benefits to respondent No.5-Fayaz Ahmad Bhat. 3. The writ petition was considered and decided by learned Writ Court vide order impugned on the following terms: - 2 LPA No. 57/2022 CM No. 1751/2022 “12. Be that as it may, no case for any interference is made out in the present petition, which accordingly, dismissed with costs of Rs.10,000/-, to be deposited by the petitioner in the Advocates Welfare Fund within a period one month. In addition to this, the Commissioner/ Secretary to Government, FCS&CA Department, UT of J&K is directed to take note of the facts in the present case and hold an enquiry as to in what circumstances there members of one family were successful in obtaining kerosene oil dealerships, in gross violation of Rule 5 of SRO-285, which have been renewed from time to time in active connivance of the officers of FCS&CA Department, either at the level of the Director or at the level of the Assistant Director, based upon whose recommendations the Administrative Department issued the licences in question. The aforementioned office shall file a preliminary report with regard to the action taken positively within a period of one month and a copy of the report shall be placed in OWP No. 1846/2013 titled “Aijaz Ahmad Wani and Others vs. State of J&K and Ors.” and in WP(C) No. 02/2022 titled “Faheem Ahad Wani vs. UT of J&K and Others” separately. 13. Copy of this order shall be communicated to the aforementioned officer by the Registrar Judicial of the Srinagar Wing of this Court. 14. Registry is directed to list this petition after one month only for purposes of ensuring that the costs of Rs.10,000/- has been deposited by the petitioner within the time period prescribed or not.” 4. Mr. Hakeem Aman Ali, learned counsel for Respondent-Department submits that the Union Territory of Jammu and Kashmir has been declared as Kerosene free and the quota for or distribution of kerosene to the dealers in the UT of J&K has been discontinued, as such, this appeal has become infructuous. It is further submitted by him that the respondents have proceeded with enquiry in terms of directions of this Court in the writ petition and they may be permitted to conclude the same. 5. Mr. M. M. Dar, learned counsel for the appellant has agreed to the submission made by learned counsel for Respondent-Department that 3 LPA No. 57/2022 CM No. 1751/2022 the appeal has become infructuous but prays that the costs imposed upon appellant in terms of order impugned may be waived off. 6. In view of the fact that the Union Territory of Jammu and Kashmir has been declared as kerosene free, therefore, nothing further survives for consideration in this appeal as has become infructuous. The direction to the extent of costs is, accordingly, waived off. However, the direction to the Respondent-Department to conclude enquiry as directed vide order dated 25.02.2022 passed in WP(C) No. 327/2022 is upheld and the same be concluded expeditiously, preferably within a period of three months from today and report of the same shall be placed in OWP No. 1846/2013 and WP(C) No. 02/2022. This appeal is, accordingly, disposed of. (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR 29.08.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 16.09.2025 02:03