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2026 DAILYLAW 1251 (JK)

KOOL KARS TH.ITS PROP v. UNION TERRITORY OF J AND K TH.(TRANSPORT COMMISSIONER SRINAGAR/JAMMU) AND OTHERS

WP(C)/1022/2026 · 2026-05-08

M A Chowdhary

Writ Petition (Civil)body2026

Judgment text

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Serial No. 91 Suppl. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1022/2026 CM(2668/2026) Kool Kars through Shazia Imran Bakshi(48 years) W/O Imran Ahmad Bakshi R/O Bilal Colony Bemina Srinagar. ...Appellant(s)/Petitioner(s) Through: - Mr Bhat Fayaz Ali, Advocate. V/s 1. Union Territory of Jammu & Kashmir through Transport Commissioner Civil Secretariat,Srinagar/Jammu. 2. Inspector General of Police Traffic, Kashmir Srinagar. 3. Inspector General of Police Traffic, Jammu. 4. Regional Transport Officer Kashmir, Srinagar. 5. Regional Transport Officer Jammu. 6. Regional Officer National Highways Authority Of India House No 3 15 Sector 1 Ist Floor Channi Himmat Jammu 180001. … Respondent(s) Through:- Mr. Furkan Yaqub, GA. CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 08.05.2026 1. Petitioner, claiming to be the owner/operator of the sleeper coach buses operating under valid permits in terms of Motor Vehicles Act, 1988, having been licensed under the name and style of ‘Kool Kars’ issued by the Regional Transport Officer, Kashmir, stated that it had been operating four sleeper buses bearing registration Nos. JKO1BA 0071, JKO1BB 0071, JKO1BCC 0071, JKO1BD0071, on the National Highways and is aggrieved of the Order No. 75/TC/OF/2026 dated 30th of April, 2026 issued by the respondent- Transport Commissioner J&K, whereby, a blanket ban on the operation of sleeper coaches on the National Highway stretch between Udhampur-Ramban-Banihal, was imposed on flimsy, arbitrary, and untenable grounds, and has the effect of seriously prejudicing the fundamental rights of the petitioner, guaranteed under Article 19(1) of the Constitution of India, to carry on trade and business. 2. Learned counsel for the petitioner submits that in view of the issuance of the impugned order No. 75/TC/OF/2026 dated 30th of April, 2026 issued by the respondent-Transport Commissioner J&K, the petitioner is being harassed and is not being allowed to ply its vehicles on the national highways stretch between Udhampur, Ramban and Banihal which is detrimental to the trade interests of the petitioner. 3. Learned counsel for the petitioner, however, during the course of hearing of the case, produced Government Order No. 31-JK(TR) of 2026 dated 06th of May, 2026, issued by the Government of J&K through Transport Department, whereby, the order impugned issued by Transport Commissioner, J&K, has been ordered to be kept in abeyance, till further orders. The Government Order is taken on record. 4. In view of the aforesaid development, this petition does not require any further proceedings and is, accordingly, disposed of at this stage. The respondents are, however, directed not to interfere or harass the petitioner in plying its vehicles in terms of the route permits validly issued in his favour, in accordance with law. 05. Disposed of along with all pending application(s) (M. A. CHOWDHARY) JUDGE SRINAGAR May, 8th 2026.