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2026 DAILYLAW 2720 (JK)

GHULAM HASSAN DAR v. UNION TERRITORY OF J AND K (GEOLOGY AND MINING) AND OTHERS

WP(C)/2103/2026 · 2026-08-29

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

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Serial No. 54 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2103/2026 CM(5689/2026) GHULAM HASSAN DAR …Appellant(s)/Petitioner(s) Through: Mr. M.Y. Lone, Advocate Mr. Saniya Qadir, Advocate Vs. UNION TERRITORY OF J AND K (GEOLOGY AND MINING) AND OTHERS ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA for R- 1 to 4 CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 29.08.2026 1. By this petition, petitioner herein is seeking direction upon the respondents to allow him to lift sand from his propriety land measuring 2 Kanals & 1 Marla, falling under Survey No. 421, situated at Waskoora District Ganderbal. 2. Learned counsel for the petitioner submits that the petitioner has been permitted to lift sand from the proprietary land in terms of the order dated 20.08.2026 issued by the District Mineral Officer, Ganderbal, for the period w.e.f. 21.08.2026 to 01.09.2026, with a permitted quantity of 1500 MTs. However, respondent No. 9, Assistant Executive Engineer, Irrigation & Flood Control, Sumbal, Bandipora, is creating hurdles in the lifting of the sand without assigning any reason. 3. Mr. Ilyas Nazir Laway, learned GA appearing on behalf of respondent Nos. 1 to 4 submits that the petitioner can only be allowed to lift the sand strictly in terms of the permission order dated 20.08.2026. 4. Learned counsel for the petitioner submits that the petitioner would feel satisfied if the instant petition is disposed of with a direction to the respondents to allow the petitioner to lift the sand in accordance with the permission order dated 20.08.2026. 5. Be that at it may, without expressing any opinion on the merits of the case, the instant petition is disposed of at its threshold, with a direction to the respondents to allow the petitioner to lift the said from his propriety land till 01.09.2026, strictly in terms of permission order dated 20.08.2026, provided there is no legal impediment. 6. Disposed of on the above lines. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 29.08.2026 “Adil Ismail”