Sr. No. 33 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 4659/2025 in LPAOW 12/2012 Bharti Infratel Limited …. Petitioner/Appellant(s) Through:- Mr. Pranav Kohli, Sr. Advocate with Ms. Avantika Sharma, Advocate V/s State of J&K and another …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 05.08.2025 1. This is an application for release of a Bank Guarantee, which was submitted before the Registrar Judicial, High Court of J&K, Srinagar Wing of this Court, in terms of an interim order passed in OWP No. 914/2009, which was kept intact and alive in terms of Order dated 15.02.2012 passed in LPAOW No. 12/2012. It is submitted by the learned counsel for the applicant that LPAOW No. 12/2012 stands dismissed as withdrawn in terms of order dated 24.04.2025. 2. It is submitted by the learned counsel for the applicant that after withdrawal of the appeal, the applicant has cleared the entire Entry Tax liability, which was subject matter of challenge in OWP No. 914/2009, and, therefore, the Bank Guarantee submitted to the Registrar Judicial, High Court of J&K, Srinagar is required to be released. 3. Learned counsel appearing for the respondents submits that, as per the instructions received, the amount, which was payable at Lakhanpur Check Post, on account of Entry Tax, has been paid. CM No. 4659/2025 2 4. Be that as it may, since the LPAOW No. 12/2012 has been dismissed as withdrawn and the tax liability has been cleared by the applicant as such there is no reason or justification to keep the Bank Guarantee submitted by the applicant with this Court. We, however, find that the writ Court while disposing of OWP No. 914/2009 vide order dated 06.02.2012 had imposed costs of Rs. 10 lakhs, to be paid to the Government, to be used for welfare schemes of the Government but that amount has not been paid by the applicant till date. 5. For the reasons stated in the application, the same is allowed and the Bank Guarantee No. 003GT01093220005 submitted to the Registrar Judicial, High Court of J&K, Srinagar is directed to be released in favour of the applicant or its authorized representative. The release of the Bank Guarantee shall, however, be subject to the deposit of costs of Rs. 10 lakhs in the form of demand draft in the name of Registrar Judicial, High Court of J&K, Srinagar. On deposit, the aforesaid amount of Rs. 10 lakhs shall be transmitted by the Registrar Judicial to the Department of Social Welfare for its further utilization for upgrading the facilities of Orphanages, both at Jammu and Srinagar. The Department of Social Welfare shall submit the utilization certificate to the Registrar Judicial, High Court of J&K, Srinagar of this Court within a period of six months. 6. Disposed of. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 05.08.2025 Rahul