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2026 DAILYLAW 1704 (JK)

MEHARBAN SUMO STAND KHAIPORA PAYEEN v. UNION TERRITORY OF J AND K AND OTHERS (TRANSPORT / RTO)

WP(C)/1371/2026 · 2026-07-06

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 164 Suppl. List IN THE HIGH COURT OF JAMMU & KASHMIR AND ADAKH AT SRINAGAR WP(C) No. 1371/2026 Meharban Sumo Stand Khaipora Payeen …Petitioner(s)/Appellant(s). Through: Mr. Naveed Bukhtiyar, Advocate Vs. UT of JK and Ors. ...Respondent(s). Through: Mr. Faheem Nisar Shah, GA. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 06.07.2026 01. By the instant petition, the petitioner-Association is seeking a direction to the respondents 2 and 3 to consider and decide its representations, including the representation dated 16th June, 2026, within some time frame with further direction to the aforesaid respondents to exercise the jurisdiction vested in them under the Motor Vehicles Act and the Rules framed thereunder so as to determine the dispute concerning the operation of passenger transport vehicles plying on the Tangmarg-Khaipora route after affording an opportunity of hearing to all the stakeholders. 02. On the asking of the Court, Mr. Faheem Nisar Shah, learned GA, has caused appearance and raised preliminary objection with regard to the maintainability of the instant petition, as according to him, the instant petition filed by the petitioner-association under Article 226 of the Constitution of India is not maintainable. He further states that the petitioner- Association is not registered in entity. 03. Learned counsel for the petitioner-Association states that he would restrict his prayer only on behalf of Mohammad Shafi Khan. He further states that the petitioner herein would feel satisfied if the instant petition is disposed of with a direction to the respondents 2 and 3 to consider and decide the representation duly preferred by the petitioner as well as the similarly circumstanced vehicle operators strictly in terms of Motor Vehicles Act and the Rules framed thereunder within a reasonable time frame. 04. Be that as it may, the instant petition is disposed of with a direction to the respondents 2 and 3 to consider and decide the representation of petitioner as well as similarly circumstanced vehicle operators dated 16th June, 2026 within a period of six weeks from the date a copy of this order is made available to the aforesaid respondents. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 06.07.2026 “Shamim Dar”