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 others …. Respondent(s) 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