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2026 DAILYLAW 541 (JK)

RAYEES AHMAD MALLA v. UNION OF INDIA TH.SECRETARY TO GOVT (MINISTRY OF PETROLEUM AND NATURAL GAS) AND OTHERS

WP(C)/308/2026 · 2026-02-27

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

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Serial No. 136 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 308/2026 CM(766/2026) RAYEES AHMAD MALLA …Appellant(s)/Petitioner(s) Through: Mr. Wasim Afzal Rather, Advocate Vs. UNION OF INDIA TH.SECRETARY TO GOVT (MINISTRY OF PETROLEUM AND NATURAL GAS) AND OTHERS ...Respondent(s) Through: Ms. Bisma, Advocate vice Mr. Faizan Ahmad, CGSC (R-1) Mr. Nouman, Advocate (R- 2 & 3) CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 27.02.2026 1. By this petition, petitioner herein is seeking direction upon respondents to issue Letter of Appointment (LOA) as MS/HSD Retail Outlet Dealership in his favour for the location “Village Cheyan (Gundipora to Devsar Road), District Kulgam, under open category pursuant to Advertisement Notification dated 28.11.2018, with a further direction to process the case of the petitioner for said dealership, being the only eligible candidate. 2. It is stated by the learned counsel for the petitioner that despite the communications issued by District Collector, Kulgam, Executive Engineer, (R&B) Project Division 1st, Srinagar, and Assistant Executive Engineer Sub-Division 1st (MoRTH) (R&B) Project Division 1st Srinagar, in favour of the petitioner, respondents are not considering to grant retail outlet dealership in his favour, pursuant to Advertisement Notification dated 28.11.2018. 3. Learned counsel for the respondent No. 2 & 3 was directed to report instructions in terms of order dated 25.02.2026, he states that as per instructions, respondents intend to cancel the said LOI issued in favour of the petitioner, in terms of Advertisement Notification dated 28.11.2018, on the ground that the road on which the retail outlet was proposed is on the National Highway. 4. Learned counsel for the petitioner states since the advertisement notification dated 28.11.2018 has not been cancelled, with respect to the claim of the petitioner, as such petitioner would feel satisfied if the instant petition is disposed of with a direction to respondent No. 2 & 3 to consider the claim of the petitioner within a reasonable period of time. 5. Learned counsel for respondent No. 2 & 3 is not averse to the preposition made by learned counsel for the petitioner. 6. Be that as it may, the instant petition is disposed of at this stage, without expressing any opinion on the merits of the case, with a direction to respondent No. 2 & 3 to treat the instant petition as representation and consider the same within a period of three weeks from the date of passing of this order, by passing a speaking order thereon, strictly as per rules applicable. 7. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 27.02.2026 “Adil Ismail”