Sonamarg Taxi/Sumo Owners Union Through Its President v. Transport Commissioner Motor Vehicle Department J and K

Serial No. 158 Supplementary List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C) No. 1748/2026

Sonmarg Taxi/Sumo Owners ….. Appellant/petitioner(s) Through: - Mr. A. Hanan, Advocate

V/S Transport Commissioner Motor Vehicle Department J&K

….. Respondent(s) Through: - Mr. Ilyas Nazir, GA

CORAM: HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

(ORDER)

24.07.2026

¶01By way of the instant writ petition, the petitioner seeks a direction to the respondent to consider and renew Notification No. 01-MVD of 2020 dated 13.03.2020 for a further period of five years.

¶02It is pleaded that the petitioner is a registered establishment under the Motor Transport Workers Act, 1961. It is further stated that in the year 2003, the petitioner was permitted to establish a Sumo Taxi Stand at Sonamarg, for which all the requisite permissions were granted by the competent authorities. The petitioner was also allotted land on licence basis for the said purpose.

¶03It is further submitted that, vide Notification No. 01-MVD of 2020 dated 13.03.2020, issued in terms of the relevant statutory provisions and the Rules framed thereunder, the respondent permitted the aforesaid site to be used as a stand for contract carriage taxis/maxi

cabs for a period of two years. It is further submitted that though Notification No. 06-MVD of 2026 dated 15-05-2026 issued in favour of M/S Glacier Gadkul Tata Sumo Stand, Gadkul, Sonamarg, Ganderbal is shown to be for five years, but similar notification issued in favour of the petitioner trade union herein was only for two years and renewal applications of petitioner Trade Union have been kept pending. Learned Counsl for the Petitioner submits that the Transport Commissioner intends to create monopoly in favour of the said taxi stand and submits that the Transport Commissioner is under a statutory obligation under the provisions of the Motor Vehicles Act and the Rules framed there under to renew the space as a "stand" for contract carriage vehicles. The Respondent cannot sit on the issue, nor can he refuse to pass any order, more so in the case of the petitioner herein. The Government has allotted the land to the petitioner trade union for operating the taxi stand which has been in existence from the year 2003 and continues to provide facilities to the visitors in Sonamarg and adjoining areas and has not indulged in any illegal activity till date.

¶04Learned counsel for the petitioner submits that the petitioner would be satisfied if the present writ petition is disposed of with a direction to the respondent to consider the petitioner's claim for renewal of Notification No. 01-MVD of 2020 dated 13.03.2020 for a further period of five years, within a time-bound period.

¶05Having regard to the submissions made and without expressing any opinion on the merits of the case, the instant writ petition is disposed of with a direction to the respondent to consider and decide the

petitioner's claim for renewal of Notification No. 01-MVD of 2020 dated 13.03.2020, strictly in accordance with law and subject to there being no legal impediment, within a period of one month from the date a copy of this order is made available to the respondent.

¶06Disposed of along with all connected CM(s).

(MOKSHA KHAJURIA KAZMI)

JUDGE SRINAGAR

24.07.2026 "Mohammad Yasin Dar"