Jammu & Kashmir High Court - Srinagar Bench
Bharat Petroleum Corporation vs Ut Of J&K And Others on 7 February, 2022
Author: Dhiraj Singh Thakur
Bench: Dhiraj Singh Thakur
Sr. No. 61
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through virtual mode)
CM No. 342/2022 in
WP(C) No. 150/2022
CM No. 343/2022
Caveat No. 115/2022
Bharat Petroleum Corporation .....Appellant(s)/Petitioner(s)
Limited
Through: Mr. Syed Faisal Qadri, Sr. Advocate with
Assisting counsel.
Vs
UT of J&K and others ..... Respondent(s)
Through: Mr. Javed Ahmad Kawoosa, Sr. Advocate
with Mr. Areeb Javed Kawoosa, Advocate
for the Caveator
Mr. Humaira Shafi, Advocate vice
Mr. T. M. Shamsi, ASGI.
Mr. Irfan Andleeb, Dy. AG.
Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
ORDER
07.02.2022 Caveat No. 115/2022 Caveat stands discharged.
CM No. 342/2022 Allowed as prayed for.
Learned counsel for the applicant shall make the deficiencies good within two weeks' from the date the Court starts functioning normally.
Disposed of accordingly.
WP(C) No. 150/2022 Counsel for the petitioner challenges the inaction on the part of the respondents in permitting pesticides' manufacturers and those storing and selling the products without proper registration and without any licence duly issued by the concerned authorities. The prayer made is that the respondents should be prohibited from either storing, selling or importing 2 WP(C) No. 150/2021 within the Union Territory of Jammu & Kashmir such pesticides, which are not being either registered or are in contravention to the specific provisions of the Insecticides Act, 1968.
Counsel for the respondents, Mr. Irfan Andleeb, learned Dy. AG however, stated that a number of petitions are already pending on similar subject in which various Coordinate benches of this court have already passed the orders, permitting either import, sale and storage of the pesticides even without any registration. He, however, submitted that in view of the fact that the orders have already been passed in similar petitions, in case, this court were to pass any order, it might come in conflict with the orders already passed.
There is considerable weight in what Mr. Andleeb states. In my opinion, it becomes necessary to order listing of all similar cases, details whereof will be given today itself to the Registry of this court by Mr. Andleeb, so that the same can be listed on 10.2.2022.
Some of the orders, which have been passed by the Coordinate benches of this court pertain to the year as early as 2014, perhaps might not have been modified as yet. Since I have ordered the listing of all such cases, some of them may even pertain to the years for which this bench may not be holding the roster in terms of the orders of the Hon'ble Chief Justice. The Registrar Judicial of Srinagar Bench of this court is, therefore, directed to seek necessary instruction and permission from Hon'ble the Chief Justice with a view to ensure that there is no conflict of orders in the various petitions, which have been filed as early as 2014 and may be even before that.
List again on 10.2.2022.
(Dhiraj Singh Thakur) Judge Srinagar 07.02.2022 Naresh NARESH KUMAR 2022.02.08 16:31 I attest to the accuracy and integrity of this document