KASHMIR VALLEY ENERGY PRIVATE LIMITED AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (FINANCE)
LPA/5/2025 · 2025-01-03
Puneet Gupta, Sanjeev Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5938 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5938 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode)
Case:- LPA No. 5/2025in WP (C) No. 2968/2024
1. Kashmir Valley Energy Pvt. Ltd. Awantipora Through Junaid Mohammad Makroo, Age 31 years, S/o Fayaz Ahmad Makroo, R/o Thana Chowk Awantipora, District Pulwama.
2. Faisal Mohammad Makroo, Age 26 years, S/o Fayaz Ahmad Makroo, R/o S. Alam Colony Nowgam, Srinagar. …..Appellant(s)
Through: Mr. Mudasir Bin Hassan, Advocate
Vs
1. UT of J & K through Commissioner/Secretary to Govt., Finance Department, J&K Civil Secretariat, Srinagar/Jammu.
2. Inspector General of Registrations Srinagar, Kashmir.
3. Additional Deputy Commissioner, Sub Registrar, Awantipora, District Pulwama.
4. Executive Engineer, J & K Energy Development Agency, Bemina, Srinagar. .…. Respondent(s)
Through:
Coram:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER (03.01.2025)
1. Impugned in this appeal, filed under Clause 12 of Letters Patent by the appellants, is an order dated 18.12.2024 passed by the learned S. No. 01
2 LPA No. 5/2025in WP (C) No. 2968/2024
Single Judge of this Court [“the Writ Court”] in WP (C) No. 2968/2024 titled Kashmir Valley Energy Pvt. Ltd. & Anr. Vs. Union Territory of J & K & Ors.
2. From the reading of the impugned order dated 18.12.2024, it clearly transpires that the Writ Court has not decided any issue of fact or law on merits and, therefore, the order dated 18.12.2024 cannot be said to be a judgment amenable to challenge under Clause 12 of the Letters Patent. The Writ Court has only directed the Respondent No. 2 to provide requisite instructions to the Respondent No. 3 in light of the plea raised by him in his communication dated 05.12.2024.
3. We are sure that in compliance with the impugned order dated 18.12.2024, the Respondent No. 2 shall communicate the final decision in the matter to the Respondent No. 3 within one week from the date, copy of this order is served upon him. With the aforesaid observations, this appeal is dismissed along with connected application(s), if any.
(PUNEET GUPTA) JUDGE (SANJEEV KUMAR) JUDGE JAMMU
03.01.2025
Manan
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Manan Mahajan 2025.01.03 17:15 I attest to the accuracy and integrity of this document