Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 15 July 2026
Case Overview
- Parties: Appellant – M/S Glacier Gadkul Tata Sumo Stand (through its President), represented by Mr. Lone Altaf and Ms. Insha Maqbool; Respondents – Union Territory of Jammu & Kashmir and others, including Respondent No. 5 (taxi‑stand operator), represented by Mr. Z.A. Shah and Mr. A. Hanan.
- The appeal (LPA 143/2026, CM 4323/2026) challenges an interim order dated 7 July 2026 passed by a Single Judge in WP(C) No. 1469/2026, which stayed the operation of Notification No. 06‑MVD of 2026 dated 15 May 2026 and directed listing for 20 July 2026.
- Grounds of appeal: (a) the Single Judge did not consider that Respondent No. 5’s taxi‑stand licence (capacity 40 vehicles, granted by Notification No. 01‑MVD of 2020 for two years) had expired and was not renewed; (b) the appellant alleged that three members of Respondent No. 5 had previously filed a PIL to challenge the same notification.
- Respondent No. 5 argued the interim order was merely provisional and could be varied after hearing on 20 July 2026.
Final Outcome
- The Court held that the interim order, although provisional, bore the trappings of a final order because it stayed the notification without hearing the appellant’s objections.
- The appeal is allowed; the order dated 7 July 2026 is set aside.
- Both the appellant’s counsel and the Government are directed to file their objections and produce the requisite records before the writ Court on or before the next date of hearing.
- The matter will be reconsidered by the writ Court for grant of interim relief or final disposal on a future hearing date.
Topics: Legal; Transport Regulation