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The HC dismissed the petition and upheld the statutory regime: Rule 3 of the Jammu & Kashmir Brick Kiln (Regulation) Rules, 2017 compels both manufacturers and dealers to hold licences; the licensing scheme is substantive and applies equally to dealers, including those transporting bricks from outside the UT. Deputy Commissioners, notified as licensing authorities, acted within statutory powers under the Act in ordering seizures, confiscations and penalties; their actions were neither mala fide nor procedurally defective. GST registration does not supplant the licence requirement. The writ was held premature given available statutory remedies and no demonstrable excess of jurisdiction; the regulatory restriction does not violate Article 19(1)(g). Petition dismissed.
The HC dismissed the petition and upheld the statutory regime: Rule 3 of the Jammu & Kashmir Brick Kiln (Regulation) Rules, 2017 compels both manufacturers and dealers to hold licences; the licensing scheme is substantive and applies equally to dealers, including those transporting bricks from outside the UT. Deputy Commissioners, notified as licensing authorities, acted within statutory powers under the Act in ordering seizures, confiscations and penalties; their actions were neither mala fide nor procedurally defective. GST registration does not supplant the licence requirement. The writ was held premature given available statutory remedies and no demonstrable excess of jurisdiction; the regulatory restriction does not violate Article 19(1)(g). Petition dismissed.
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