Kehar Singh Vs Union Territory of J&K (Jammu & Kashmir High Court)
Jammu Kashmir High Court held that licensing requirement under Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 read with rule 3 of the Jammu and Kashmir Brick Kiln (Regulation) Rules, 2017 applies to both manufacturer and dealers. Further, the licensing requirement doesn’t violate Article 19(1)(g) of the Constitution.
Facts- The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India challenging the orders issued by the District Magistrates of Kathua and Samba directing seizure of vehicles transporting bricks imported from outside the Union Territory of Jammu and Kashmir and imposing penalties under the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the Jammu and Kashmir Brick Kiln (Regulation) Rules, 2017.
The petitioners, who are dealers and not manufacturers of bricks contended that the said Act and Rules apply only to brick kiln owners engaged in manufacturing within the Union Territory, and not to dealers dealing in finished bricks imported from other States. They allege that the impugned orders are arbitrary, without jurisdiction, and violative of their fundamental right to trade and commerce under Article 19(1)(g) of the Constitution.
Conclusion- Held that the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the Rules framed thereunder in 2017 constitute a comprehensive regulatory framework intended to control not only the establishment and operation of brick kilns but also the trade, sale, storage, and distribution of bricks within the Union Territory. The inclusion of the term dealer under Section 2(e) and the express language of Rule 3 clearly manifest the legislative intent to bring both the manufacturers as well as dealers within the fold of the regulation.
