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2026 DAILYLAW 2645 (JK)

AJAZ AHMAD SHEIKH v. UNION TERRITORY OF J AND K (FOREST) AND OTHERS

WP(C)/1561/2026 · 2026-08-12

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 143 Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1561/2026 AJAZ AHMAD SHEIKH …Appellant(s)/Petitioner(s) Through: Mr. M. Amin Khan, Advocate Vs. UNION TERRITORY OF J AND K AND OTHERS. ...Respondent(s) Through: Mr. Ilyas Nazir, GA CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 12.08.2026 1. By this petition, petitioner herein is seeking quashing of the order dated 11.12.2025, whereby private respondent has been allowed to go ahead with the construction to establish a stone crusher with a direction to official respondents to demolish the construction raised by the private respondent on the impugned consent order dated 11.12.2025. 2. Mr. Ilyas Nazir, learned counsel for the respondents, submits that the instant petition is not maintainable in view of the availability of a statutory remedy of appeal as provided for in the Water (Prevention and Control of Pollution) Act, 1974. 3. Learned counsel for the petitioner states that the petitioner would feel satisfied if the present writ petition is directed to be treated as a representation and the official respondents are directed to consider and decide the same by passing a speaking order thereon. 4. Be that as it may, without entering into merits of the case, the instant petition is disposed of with a direction to the official respondents to treat the instant writ petition as representation and decide the same within a period of four weeks from the date of receipt of this order by passing a speaking order thereon provided there is no legal impediment. 5. Disposed of (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 12.08.2026 “Misba”