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2026 DAILYLAW 1172 (JK)

ABID HUSSAIN DAR v. UNION TERRITORY OF J AND K AND OTHERS (ANIMAL AND SHEEP HUSBANDRY)

WP(C)/977/2026 · 2026-05-12

M A Chowdhary

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 3 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 977/2026 CM(2564/2026) CM(2768/2026) Abid Hussain Dar (35 Years) S/O Ghulam Hussain Dar R/O Habak Tanga, Tehsil Singhpora District Baramulla, 193101 …Appellant(s)/Petitioner(s) Through: Mr. Wani Manzoor, Advocate Vs. 1. Union Territory of J&K through Commissioner/Secretary to Govt. Animal/Sheep Husbandary Dept., Civil Secretariat, Srinagar, 190001 2. Inspector General of Police, Traffic Jammu Range, 180003 3. Inspector General of Police, Traffic Kashmir Range, Srinagar 4. District Magistrate, Jammu 5. District Magistrate, Baramulla 6. Deputy Commissioner, Kathua 7. Senior Superintendent of Police, Kathua 8. Senior Superintendent of Police, Samba 9. Station House Officer, Lakhanpur ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE. ORDER 12.05.2026 CM 2768/2026: 1. This application has been moved by the applicant/petitioner for placing on record various documents, viz, registration certificate of the dairy farm, document relating to sale and purchase of cows issued in favour of the applicant/petitioner, recommendation for issuance of movement pass/permission for transportation of Milch cows from outside J&K into District Baramulla, as well as, application moved by the petitioner to Deputy Commissioner, Kathua, with regard to stopping the vehicles used for transporting Milch cows. 2. For the reasons assigned in the application and the submissions urged at the Bar, the application is allowed and the documents annexed thereto are taken on record. 3. CM 2768/2026 is disposed of. WP(C) 977/2026: 4. Petitioner, through the medium of this petition, claims to have been engaged in dairy farming for the last several years, pleads that he attempted to transport cattle through Lakhanpur (Kathua), however, the respondents allegedly obstructed the same illegally and without any rhyme or reason, despite the petitioner having obtained the requisite permission. It is further submitted that the respondents are acting in clear violation of law and, as such, the petitioner has been suffering continuously, thereby causing him heavy financial losses. 5. It is submitted that the transportation of Milch cows is lawful and, therefore, the restrictions imposed by the respondents are arbitrary and illegal, particularly in view of Article 19(1)(g) of the Constitution, which guarantees citizens the right to carry on trade and business. Since the transportation of cattle for agricultural or dairy purposes is lawful, the respondents cannot create any obstruction in this regard. Accordingly, it has been prayed that the respondents be directed to allow the petitioner to transport the Milch cows smoothly and without any impediment. A further prayer has been made for police protection and full assistance during the transportation of the Milch cows (livestock), as well as for restraining the respondents from causing any obstruction or harassment to the petitioner in the lawful transportation of Milch cows. 6. Learned counsel for the petitioner, in line with the pleadings made in the petition, has prayed for the aforesaid directions on the ground that, despite obtaining permission from the concerned District Magistrate, the petitioner is not being allowed to transport the Milch cows to his dairy farm at Baramulla. The petitioner, however, has failed to place on record any permission granted by the competent authority. 7. In view of the aforesaid facts and circumstances of the case, the present petition is disposed of with liberty to the petitioner to apply for permission for transportation of the Milch cows in accordance with law. Upon such application being made, the concerned competent authority shall consider the same, keeping in view that the petitioner is a licensed dairy farm owner based in Baramulla. It is further directed that the police officers/officials along the route from Kathua to Kashmir shall ensure that, in the event the petitioner transports the Milch cows after obtaining due permission, no obstruction or harassment is caused in the transportation thereof. 8. The petition is, accordingly, disposed of on the above terms. (M. A. CHOWDHARY) JUDGE SRINAGAR: 12.05.2026 “Adil Ismail”