“No Reason To Create Impediment For Businesses”: J&K High Court Directs Govt Not To Harass Tea Sellers In Floating Market Inside Dal Lake
The Jammu & Kashmir and Ladakh High Court has directed the authorities to refrain from harassing tea sellers operating in the floating market inside Dal Lake, provided they have the necessary licenses. The order, passed by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, emphasised that no impediment should be created for those running a legitimate business."We see no...
The Jammu & Kashmir and Ladakh High Court has directed the authorities to refrain from harassing tea sellers operating in the floating market inside Dal Lake, provided they have the necessary licenses. The order, passed by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, emphasised that no impediment should be created for those running a legitimate business.
"We see no reason why any impediment be created to any person, who is running business after obtaining necessary license," stated the court, reinforcing the right of licensed vendors to conduct their business without undue interference.
The court order comes after a petition was filed by Zabarwan Tea Stall, a vendor operating in the floating market. The petitioners claimed they were facing frequent disturbances from officials of the J&K Lake Conservation and Management Authority (LCMA) despite possessing a valid license.
After hearing the counsel for the petitioners, Mr. Sajid Ahmad Bhat, at length and reviewing the records, the court issued a clear directive. The judges observed that if the petitioners are running their business on the basis of a valid license, the officials of respondent no.1, the Vice Chairman of LCMA, should not create unnecessary disturbances.
However, the court also granted the authority the right to verify the authenticity of the licenses. "The authority would be at liberty to verify the validity or genuineness of the license, if any, and to proceed in the matter in accordance with law," the order stated.
If the petitioners are found to be operating without a valid license or required documents, the authority is entitled to take appropriate legal action, the court concluded.
Case Title: M/s Zabarwan Tea Stall Vs Vice Chairman LCMA
Citation: 2024 LiveLaw (JKL) 156
Click Here To Read/Download Judgment