ALI MOHAMMAD WANI v. UNION TERRITORY OF J AND K TH.CHAIRMAN JK POLLUTION CONTROL COMMITTEE AND OTHERS
WP(C)/249/2026 · 2026-02-13
Mohd Yousuf Wani
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 544 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 544 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 111 Supp. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 249/2026 CM(626/2026) ALI MOHAMMAD WANI …Petitioner(s)/Appellant(s).
Through: Mr. M.M. Shah, Advocate Vs.
UT OF JK & ORS ...Respondent(s). Through: Mr. Furqan Sofi, GA
CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 13.02.2026
1. Mr. Furqan Sofi, learned GA, appears and accepts notice in the matter for the respondents. 2. Heard the learned counsel for the petitioner in respect of the case. 3. The short grievance of the petitioner as agitated through the medium of the instant petition being filed in terms of the provisions of Article 226 of the Constitution of India is that he has been running an Industrial Unit under the name and title United Brick Kiln, Pultigah Beerwah, District Budgam, as the proprietor thereof since long. That he has at the time of the establishment of the unit, duly obtained the requisite consent to establish, and subsequently consents to operate from time to time have been obtained for the smooth running of his Industrial Unit. That he lastly applied to the respondents for issuance of consent to operate, which was granted in his favour under consent No. PCC/Digital/25065554786 of 2015 dated 29.12.2025 for a brief period of four months w.e.f. 29.12.2025 to April, 2026 against the Orange Category. That the respondents as per the Government Order on the subject bearing No. JKPCC Order 40 of 2025 dated 11.03.2025 were required to grant the consent to operate order in his favour for a period of five years against his Orange Category industrial plant, as he deposited the fee only for the said period as otherwise he was entitled to operate as per the aforesaid Government Order under the Orange Category for a period of 10 years. The petitioner has accordingly sought the issuance of directions/writs in the nature of Mandamus for commanding the respondents to. i. Renew the consent to operate in his favour for a full period of five years for which fee has been deposited by him by issuing the corrigendum to the Consent dated 29.12.2025. ii. To allow smooth operation of his Brick Kiln. 4. It is submitted by the learned counsel for the respondents/UT that the consent to operate order dated 29.12.2025, issued for a period of four months was so issued on the basis of the Court order. However, the learned GA does not oppose the reconsideration of the petitioner’s case in accordance with the law governing the field. 5.
In the facts and circumstances of the case, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of the appropriate directions which are not likely to prejudice the interests of any of the parties. 6. Accordingly, the instant petition is taken up and is accordingly disposed of with the direction to the respondents to revisit the consent order issued in favour of the petitioner under consent No. PCC/Digital/25065554786 of 2015 dated 29.12.2025 in accordance with the law governing the field, especially the Order bearing No. JKPCC order 40 of 2025 dated 11.03.2025 within a period of four weeks, for extension of the consent to operate/establish. 7. The respondents 1 & 2 are directed to submit an action taken report to the Registry of this Court within a period of five weeks. (MOHD YOUSUF WANI)
JUDGE SRINAGAR 13.02.2026 ARIF