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2025 DAILYLAW 7426 (JK)

M/S MODFERN PLASTIC INDUSTRIES AND ORS v. STATE OF JAMMU AND KASHMIR AND ORS

OWP/585/2018 · 2025-02-17

Javed Iqbal Wani

body2025

Judgment text

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S.No. 30 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR OWP No. 585/2018 c/w OWP No. 521/2018 M/S Modern Plastic Industries & Ors. …Petitioner/ Appellant(s) Through: Ms. Saima Mehboob, Advocate V/s STATE of J&K AND OTHERS. …Respondent(s) Through: Mr. Hakim Aman Ali, Dy AG CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE. ORDER 17.02.2025 OWP No. 585/2018. Ms. Saima Mehboob, learned counsel appears for the petitioners. Mr. Hakim Aman Ali, learned Dy AG appears for the respondents. 1. The short grievance projected in the instant petition by the petitioners herein is that the District Industries Centre, Pulwama allotted land measuring 10 Marlas, one Kanal, 10 Marlas & 15 Marlas respectively in favour of the petitioners-Industrial Units for establishing an industrial unit for the line of activity, the petitioners-units were registered in terms of orders No. DICPL/Prov-9377/18/4093 dated 21.02.2018, DICPL/Prov- 9375/18/4091 dated 21.02.2018 &DICPL/Prov-9376/18/4094 dated 21.02.2018 respectively. It is stated that despite completing all necessary requisite formalities inasmuch as terms and conditions contained in the allotment orders supra, the official respondents did not take up follow of action in the matter and instead delayed the establishment of the respective industrial units by the petitioners and when the repeated requests/representation made and submitted by the petitioners before the respondents did not yield any results, the petitioners came to be compelled to approach this Court through the medium of the instant petition. 2. Respondents have filed reply to the petition, wherein it is being admitted that the petitioners came to be allotted the land in terms of the allotment orders dated 22.02.2018 & 23.02.2018 respectively for establishment of the industrial units in the line of activity, the petitioners units are registered. It is, however, stated that the land in question was previously allotted to one M/S Sofi Enterprises, IE Chatapora in the year 1988, however, the said allottee failed to establish an industrial unit thereon the said land and upon his constant failure in this regard, a notice came to be served upon the said M/S Sofi Enterprises for taking effective steps towards the establishment of the unit failing which the allotment of the land shall be cancelled, whereupon the said M/S Sofi Enterprises approached this Court through OWP No. 521/2018 and obtained an interim order requiring the respondents not to cancel the allotment of the land of M/S Sofi Enterprises unless otherwise mandated by law and it is on account of the pendency of the said petition and the interim order passed therein, the petitioner herein could not establish their respective industrial units on pieces of land allotted to them. 3. 3. Since the aforesaid writ petition filed by M/S Sofi Enterprises being OWP No. 521/2018 supra has been dismissed today for non-prosecution owing to the contemnors non-appearance of the petitioner therein as also his counsel on three consecutive dates including today inasmuch as vacating the interim direction passed therein in the said petition, there shall now be no impediment either to the petitioners herein or to the respondents herein owing to the vacation of the said interim order, in proceeding with the establishment of the respective industrial units by the petitioners over the aforesaid pieces of land allotted to them by the respondents. 4. In view of aforesaid position obtaining in the matter, the instant petition accordingly shall stand disposed of. OWP No. 521/2018. None appears for the petitioner. Mr. Hakim Aman Ali, learned DY AG appears for the respondents. 1. Record of proceedings would reveals that none has appeared for the petitioner on two previous dates i.e 09.10.2024 & 27.11.2024. Today as well none appears for the petitioner. 2. Under these circumstances the petition is dismissed for non- prosecution. 3. Interim direction, if any, shall stand vacated. (JAVED IQBAL WANI) JUDGE SRINAGAR 17.02.2025 “S.Nuzhat”