02/02/2026
To
The Deputy Commissioner
District Poonch, Jammu & Kashmir
Copy to:
The Hon’ble Lieutenant Governor
Jammu & Kashmir
Subject: Complaint regarding renewal of Consent to Operate (CTO) in the name of a deceased person, illegal operation of stone crusher, and departmental collusion
Respected Sir,
I, Zafar Iqbal Khattak, Advocate, Jammu & Kashmir High Court, presently practicing at Sub Judge Court, Surankote, District Poonch, most respectfully submit this complaint for your kind consideration and necessary action.
Mr. Pradeep Kumar Sharma expired on 27-12-2023, and his death certificate is available and on record.
Despite his death, the Consent to Operate (CTO) of Himalaya Crusher Stone, Mohra Bachhai was renewed on 02-05-2024 in the name of the same deceased person, which is illegal and void in the eyes of law.
Further, an NOC was also issued by the Mining Department / concerned authority in the name of the deceased person, which is a clear violation of statutory rules and established procedure.
It is also a matter of record that Pradeep Kumar Sharma had already retired/withdrawn from his profession on 28-05-2024, and the partnership deed is in my possession.
Despite these facts, Himalaya Crusher Stone, Mohra Bachhai is still functioning till date.
A report was submitted to the Hon’ble National Green Tribunal, New Delhi, in August 2025 by the District Mining Officer and the Pollution Control Board, Jammu, wherein the crusher was shown as functional. However, the crucial fact that the CTO stands in the name of a deceased person was deliberately concealed.
Till date, no official report or communication has disclosed that the crusher is operating on the basis of a CTO issued in the name of a dead person, clearly indicating suppression of facts and departmental collusion.
I filed RTI applications and formal complaints regarding this illegality. However, the Regional Directors of the Mining Department and the Pollution Control Board, in their RTI replies, gave false and misleading information, stating that the CTO is in the name of “M/s Himalaya Crusher Stone.”
It is submitted that:
A firm is a non-living entity;
A CTO cannot be issued in the name of a firm;
The CTO is issued in the name of an individual, who in this case had already expired.
The crusher is located within a residential area, and its actual owner is the father of a serving Tehsildar, who, through collusion with officials, obtained illegal NOCs and got the CTO renewed in the name of a deceased person.
Instead of acting on my genuine complaints, the Pollution Control Board and the District Mining Officer, in collusion with the accused persons, lodged a false and baseless complaint/FIR against me at Police Station Surankote, a copy of which is in my possession.
As per the settled law laid down by the Supreme Court of India, all licenses, consents, permits, and CTOs automatically become void upon the death of the license holder.
Any renewal or operation based on such consent amounts to fraud on statute and is a nullity in law.
Prayer
In view of the facts stated above, I respectfully request your good office to:
Take serious cognizance of the matter;
Order an independent and impartial inquiry;
Fix responsibility on the concerned officials and private persons;
Initiate appropriate legal, disciplinary, and criminal action in accordance with law.
Yours faithfully,
Zafar Iqbal Khattak
Advocate, Jammu & Kashmir High Court
Presently practicing at Sub Judge Court, Surankote
District Poonch, J&K
Mobile No.: 6006143600
