Bharat Logistics vs UT of J&K and Others

Moksha Khajuria Kazmi, J

By this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged DI&C/J of 2024 dated 28.09.2024 issued by Respondent No. 2, whereby respondent No. 3 has been directed not to grant an existing unit to activity" of without obtaining prior consent of the Directorate, with a further direction upon the respondents, particularly, respondent Nos. 2 and 3 to grant permission for transfer of lease hold rights in its favour qua the land measuring 5.33 Kanals situated at SIDCO Industries Complex, Bari Brahmana, Jammu for undertaking Warehousing and Logistic Park as line of activity and also to grant permission to undertake new line of activity to Warehousing and Logistic Park in its favour in terms of Industrial Policy 2021-2030.

Learned counsel for the petitioner has produced copy of order dated 03.06.2026 passed in WP(C) No. 1606/2026 in case titled, M/s Samrat Ferro Alloy (P) Ltd. Vs. Union Territory of J&K & ors. , wherein the respondents were directed to consider the claim of the petitioner, as projected in the petition.

Learned counsel for the petitioner states that the petitioner would feel satisfied, if the respondents are directed to treat this writ petition as representation and to accord due consideration to the same within some reasonable period of time.

Learned counsel for the respondents states that he is not averse to the proposition made by learned counsel for the petitioner.

Be that as it may, this writ petition is disposed of, at its threshold, with a direction to the respondents to treat this petition as representation and after considering the claim of the petitioner, take a decision thereon strictly under rules and as per law. The said exercise be carried out by the respondents within a period of four weeks from the date of receipt of a certified copy of this order alongwith complete set of writ petition and annexures annexed thereto, by passing a speaking order.