Jammu & Kashmir High Court – Srinagar Bench
Through: Mr. Dewakar Sharma vs Dil Bagh Trader Dungus on 29 May, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No. 33 (Jammu Wing)
Sr. No. 1 (Srinagar Wing)
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CJ Court
Jammu Wing matters:
LPA No. 171/2019 in CDLOW No. 50/2018
LPA No. 118/2018
LPA Nos. 172/2019, 173/2019, 174/2019, 175/2019, 176/2019, 177/2019,
178/2019, 179/2019, 180/2019, 181/2019, 183/2019, 184/2019, 185/2019,
186/2019, 188/2019, 189/2019, 190/2019 and 192/2019
Srinagar Wing Matters:
RP No. 26/2020 in LPA No. 16/2020
c/w
CDLOW No. 28/2018
RP Nos. 27/2020, 28/2020, 29/2020, 30/2020, 31/2020, 32/2020, 33/2020,
34/2020 and 35/2020
State of J&K and another ...Petitioner(s)/Appellant(s)
Through: Mr. Dewakar Sharma, Adv.
Mr. Waseem Gul, Adv.
v/s
Dil Bagh Trader Dungus, Poonch and .... Respondent(s)
others
Through: None.
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
29.05.2025
Jammu Wing matters:
CDLOW No. 50/2018
State of J&K and another vs. Dil Bagh Trader Dungus, Poonch and others
1. This is an application seeking condonation of delay of 60 days in filing the
accompanying appeal.
2
LPA No. 171/2019 & RP No. 26/2010
2. For the reasons set out in the application, which is duly supported by an
affidavit, the same is allowed.
3. Consequently, the delay of 60 days in filing the appeal is condoned.
4. Appeal is taken up on board along with connected appeals.
LPA No. 171/2019, LPA No. 118/2018, LPA Nos. 172/2019, 173/2019,
174/2019, 175/2019, 176/2019, 177/2019, 178/2019, 179/2019, 180/2019,
181/2019, 183/2019, 184/2019, 185/2019, 186/2019, 188/2019, 189/2019,
190/2019 and 192/2019
5. The appellants had issued Government order No. 121-IND of 2017 dated
31.05.2017 and Circular No. TFC/CDB/P/T/Trade/595-600 dated
09.06.2017 which besides other conditions, provide for security deposit of
Rs. 5.00 lacs in the form of fixed deposit/bank guarantee.
6. Both the Government order and Circular mentioned above were assailed in
various writ petitions and the learned Single Judge vide order dated
19.04.2018 quashed clause A(d) of Government order dated 31.05.2017,
insofar as pertained to the traders already registered with the Custodian,
which provided for furnishing of security deposit of Rs. 5.00 lacs in the
form of fixed deposit/bank guarantee.
7. All these appeals are directed against the order dated 19.04.2018.
8. Mr. Dewakar Sharma, learned counsel for the appellants has argued that
these appeals have been rendered infructuous as the cross Line Of
Control(LOC) trade had been stopped since long.
9. After examining the record, we find that as per the stipulations in
Government order and Circular (supra), Rs. 5.00 lacs as security deposit
were to be deposited by the traders registered with Industries and
Commerce Department for the purpose of carrying out LOC trade at trade
3
LPA No. 171/2019 & RP No. 26/2010
location Chakan-da-Bagh, Poonch-Rawalakote Trade Route. As the cross
LOC trade has been stopped, therefore, examining the order passed by the
learned Single Judge on merits shall only be an academic exercise.
10. In that view of the matter, the proceedings in all these appeals are closed
with a liberty to the parties to approach this Court afresh in the event, fresh
cause of action accrues to them, having the issues involved in these
appeals afresh for adjudication in appropriate proceedings.
Srinagar Wing Matters:
CDLOW No. 28/2018
Union Territory of J&K and others vs Aameen Traders and others
1. This is an application seeking condonation of delay of 54 days in filing the
accompanying appeal.
2. For the reasons set out in the application, which is duly supported by an
affidavit, the same is allowed.
3. Consequently, the delay of 54 days in filing the appeal is condoned.
4. Appeal is taken up on board along with review petitions.
RP No. 26/2020, RP Nos. 27/2020, 28/2020, 29/2020, 30/2020, 31/2020, 32/2020,
33/2020, 34/2020 and 35/2020
5. Through the medium of review petitions, the petitioners are seeking
review of order dated 20.07.2020, whereby the appeals preferred by the
Union Territory of J&K were disposed of after taking into consideration
the submissions made by the learned counsel appearing for the
appellants/petitioners herein. Though these applications have been styled
as review petitions but for all practical purposes, these applications are for
recalling of order dated 20.07.2020 passed by the Court on the
4
LPA No. 171/2019 & RP No. 26/2010
ground that the matter was taken up on 20.07.2020 during the lock down
period and at that time, the learned counsel for the petitioners was neither
having the hard copy nor the soft copy of the Letters Patent Appeals and
when he was making submissions before the Court, there were repeated
disconnections during virtual conference.
6. Precisely, the stand of the petitioners is that due to disruptions in network,
he could not put forth his case properly. Learned counsel appearing for the
respondents caused appearance on 29.09.2020 but till date, reply has not
been filed. One of us (Rajnesh Oswal-J) was part of the Bench when order
dated 20.07.2020 came to be passed by the Court and this is a fact that
there were disruptions in network during the hearing.
7. In that view of the matter, we are of the considered view that order dated
20.07.2020 needs to be recalled.
8. Ordered accordingly.
9. Appeals i.e. LPA Nos. 7/2020, 8/2020, 9/2020, 10/2020, 11/2020, 12/2020
13/2020, 14/2020, 15/2020 and LPA No. 16 2020 are taken on board.
10. In view of detailed order passed in the connected appeals of the Jammu
Wing, these appeals are also disposed of in terms of same directions.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Jammu:
29.05.2025
Rakesh
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Rakesh Kumar
2025.06.09 13:44
I attest to the accuracy and
integrity of this document
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