10 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court WP(C) No. 1243/2025 Mohammad Younis Ali …Petitioner(s)/Appellant(s) Through: Mr. Sakal Bhushan, Adv. Mr. Rahul Sharma, Adv. v/s Union Territory of J&K and others …. Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majid, Adv. (th. Virtual mode) CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 28.05.2025 Learned counsel for the petitioner submits that prior to the issuance of the impugned order dated 01.09.2023 passed by the Assistant Director Tourism, Gulmarg, the petitioner was served a show cause notice dated 02.09.2022, which was duly responded to by the petitioner on 08.09.2022. However, he submits that a bare analysis of order dated 01.09.2023 reveals that the respondent-authority while passing the said order neither considered the response furnished by the petitioner to the show cause notice nor concerns/grievances of the petitioner are dealt with in any manner. Thus, ex facie, impugned order dated 01.09.2023 though served upon the petitioner on 08.05.2022 is in indefensible. Served with a advance copy of the petition, Mr. Mohsin Qadiri, Sr. AAG is present on behalf of the respondents. He, as always, fairly submits that in the given circumstances, impugned order dated 01.09.2023 deemed to have been recalled. Mr. Qadiri further submits that with prejudiced to the stand of the 2 WP(C) No. 1243/2025 respondent authority. For, competent authority shall pass a fresh order, after considering the response submitted by the petitioner as also the necessary material in this regard, necessary orders shall be passed within three days from today, in accordance with law and shall communicate a copy to the petitioner through his counsel. In the wake of the above and in terms of statements made by the learned counsel for the respondents, the petition is disposed of. Needless to assert, this order shall not constitute any expression of opinion on the merits of the claim of either of the parties. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu: 28.05.2025 Suraj