GHULAM MOHAMMAD AHANGER AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT)
WP(C)/2127/2025 · 2025-08-30
Mohd Yousuf Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8884 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8884 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No.84 Supplementary list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2127/2025 GHULAM MOHAMMAD AHANGER AND ANR.
…Petitioner/Appellant(s)
Through: Mr. Bhat Khursheeed, Advocate. Vs.
UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT)
...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER 30.08.2025
1. Heard the learned counsel for the petitioners.
2. Through the medium of the instant petition filed under Article 226 of the Constitution of India, petitioners have sought the issuance of writs in the nature of prohibition for prohibiting the respondents from causing any interference either themselves or through their authorised agents in the temporary job of running or moving of Raidas/Carts by the petitioners in the area of Tangmarg.
3. The case of the petitioners in nutshell is that they belong to poor families and were permitted by the competent authorities on the recommendations of the then Honourable Minister for Agriculture to install and operate Raidas/Carts at Tangmarg on payment of monthly rent. That they were issued valid orders in that behalf by the respondent authorities and have been regularly paying rent, trade fee and other user charges towards the respondents against proper receipts, which have been placed on record. That they have been carrying on their pursuit peacefully for years together, but the respondents are now arbitrarily
contemplating to restrain them from operating or running their Raidas/Carts without any justification. That in case the respondents will succeed in their evil design, the petitioners will suffer badly in terms of their livelihood, which action of the respondents shall be highly violative of Article 21 of the Constitution of India. That this Court in identical matters has already protected similarly situated persons from arbitrary interference by the authorities.
4. Perused the petition and the copies of documents enclosed with the same as annexures thereto.
5. Having regard to the grievance of the petitioners, this Court is of the opinion that the matter can be disposed of at this threshold stage by passing of appropriate orders, which are not likely to prejudice the interest of the respondents. Accordingly, the instant matter is disposed of at this threshold stage with the direction to the respondents to consider the grievance of the petitioners as projected by them in the instant petition.
6. Respondent No. 06 shall accord consideration to the grievance of the petitioners as directed within a period of four weeks, from the date, a copy of this order is furnished to him.
7.
Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR: 30.08.2025
“Hilal”