Ummar Ali Gassi & Others vs Union Territory Of J&K And Ors on 18 April, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Ummar Ali Gassi & Others vs Union Territory Of J&K And Ors on 18 April, 2026

                                                        Serial No.107
                                                   Supplementary Cause List-I
    
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
    
    
                              WP(C) 806/2026
                              CM(2076/2026)
    
    Ummar Ali Gassi & Others.                           ...Petitioner(s)
    
    
    Through:     Mr. Aswad R. Attar, Advocate.
    
    
                                     Vs.
    
    Union Territory of J&K and Ors.                     ...Respondent(s)
    
    Through:
    
    
    CORAM:
               Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge.
                                  ORDER
    

    18.04.2026

    01. The petitioners through the medium of the instant writ
    petition have called in question the impugned action of the
    respondents manifest in the impugned circular dated 16th March,
    2026 whereby all the District Mineral Officers of Kashmir Province
    have been directed not to issue any Permission of Customary
    Mining under S.O 599 of 2022 till further orders from the
    competent authority.

    SPONSORED

    02. It has been vehemently argued by Mr. Aswad R. Attar,
    learned counsel for the petitioners that the impugned circular is in
    utter violation of the Mines and Minerals (Development and
    Regulation) Act, 1957
    and the Jammu & Kashmir Minor Mineral
    Concession, Storage, Transportation of Minerals and Prevention of
    Illegal Mining Rules, 2016, for the reason that the respondents
    while issuing the impugned circular have failed to take into
    consideration that the activity of extraction and disposal of sand,
    silt and clay from riverbed is an activity which is permitted in law,
    being undertaken strictly in accordance with provisions of the
    Mines and Minerals (Development and Regulation) Act, 1957 and
    the rules made thereunder.

    03. It is the specific case of the petitioners that they have
    been continuously allowed to undertake the activity without any
    hindrance from the respondent authorities and, therefore,
    according to the learned counsel for the petitioners, the impugned
    circular cannot withstand the scrutiny of law and is liable to be
    quashed.

    04. In addition, it has also been specifically pleaded though
    not argued that the impugned circular has predicated on the
    assumption that the National Green Tribunal being seized of the
    issue with respect to the illegal sand mining, would, therefore, also
    bring within its ambit the activity being carried out by the
    petitioners by ignoring the fact that the extraction and disposal
    activity so undertaken by the petitioners is a customary practice,
    which is being done strictly in accordance with the provisions of
    the aforesaid Act and the rules made thereunder. Thus, the
    impugned action of the respondents according to the learned
    counsel for the petitioners manifested in the impugned Circular is
    bereft of any logical reasoning and has been issued without due
    application of mind, and, as such, cannot sustain the test of law
    and liable to be quashed.

    05. The learned counsel for the petitioners has laid much
    emphasis on the principle of law that once an activity or action is
    permitted in law and has a statutory flavor, the same cannot be
    stopped without the authority of law and any such interference
    would be contrary to the mandate of law as well as the rules
    framed thereunder. Thus, the impugned circular according to the
    learned counsel for the petitioners has ostensibly been passed in
    the backdrop of the orders passed by the National Green Tribunal
    and cannot be said to be in consonance with law in force and, as
    such, liable to be quashed.

    06. With a view to fortify his claim the learned counsel for
    the petitioners has drawn a distinction between the illegal sand
    mafia operations and the manual customary mining practiced by
    the Petitioners strictly in consonance with law. Thus, as per the
    learned counsel, the respondents by treating these two distinct
    classes as one, have not only violated the doctrine of reasonable
    classification with object sought to be achieved but the issuance of
    the impugned circular tentamounts to acting in derogation of
    mandate and spirit of law and also to the principles enshrined in
    Article 14 of the Constitution.

    07. Lastly, the learned counsel for the petitioners submits
    that manual extraction of sand and silt is the sole source of income
    for the destitute petitioners and their forefathers and the blanket
    ban imposed by the respondents through the medium of the
    impugned circular, in derogation to the spirit and mandate of law,
    without providing an opportunity of being heard, not only
    deprives the petitioners of their livelihood as mandated under
    Article 21 of the Constitution but the same is also not sustainable
    in the yes of law.

    08. Heard learned counsel for the petitioner(s) at length and
    perused the material on record.

    09. Prima facie a case for indulgence is made out.

    10. Issue notice to the respondent(s) in the main petition as
    well as in the connected CM, returnable within a period of four
    weeks.

    11. Requisites for service within one week.

    12. List on 30th May, 2026.

    13. In the meantime, subject to objections from the other side
    and till the next date of hearing before the Bench, there be will stay
    of the operation of the impugned circular bearing No.
    MSK/DGM/ SGR/F-10-II/10379-10390 dated 16th March, 2026,
    which restrains the District Mineral Officer to issue the Permission
    of Customary Mining under S.O 599 of 2022, a permissible activity
    inconsonance with rules in vogue, to the extent of petitioners.

    14. Modification, Vacation, Alteration on motion.

    (Wasim Sadiq Nargal)
    Judge
    SRINAGAR:

    18.04.2026
    “HAMID”

    Abdul Hamid Bhat
    I attest to the accuracy and
    authenticity of this document

    20.04.2026



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