High CourtsSingle Bench(2021) 09 J&K CK 0035

Durga Papers Mills And Others vs State Of J&K And Others

Jammu And Kashmir High Court · Decided on 24 September 2021

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Disposed Of
CASE NUMBER
Others Writ Petition (OWP) No. 1716 Of 2012, IA No. 245 Of 2012

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Judgment

7 paragraphs · 248 words

Rajnesh Oswal, J

Learned counsel for the petitioners does not press the relief No. 3 by virtue of which directions were sought for commanding the respondents to conclude the land acquisition proceedings initiated in favour of the petitioners.

Learned counsel for the petitioners submits that the grievance of the petitioners shall be satisfied, in the event, the respondent Nos. 3 and 4 are directed to consider the claim of the petitioners with regard to issuance of Permanent Registration Certificate in view of the change in position of law after the abrogation of Article 370 of Constitution of India.

Learned counsel for the petitioners places reliance upon the judgment passed by this Court in writ petition 'K.P. Paper Mills vs. State of J&K and others'.

Mr. F. A. Natnoo, learned AAG submits that the appropriate orders may be passed in view of the facts and circumstances of the case.

I have perused the judgment passed in 'K.P. Paper Mills vs. State of J&K and others' in which it has been held that non state subject owners of the units cannot be denied the permanent registration. More so, with the changed scenario, this Court deems it proper to dispose of the present petition with a direction to the respondent Nos. 3 and 4 to consider the case of the petitioners for permanent registration in accordance with the Rules.

Disposed of accordingly. Needful shall be done by the respondent Nos. 3 and 4 within a period of three months from today.