Serial No. 12 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 869/2025 CM No. 2256/2025 Shanti Kishan and Ors. …Petitioner(s)/Appellants(s) Through: Mr. R.A. Jan, Sr. Advocate with Mr. Shariq Reyaz, Adv. Vs. UT of JK and Ors. ...Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG, with Ms. Maha Majid, AC. Mr. Faheem Nisar Shah, GA. Mr. Irshad Ahmad, Adv. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 21.04.2025 01. Impugned in this petition filed under Article 226 of the Constitution of India is an Order dated 12th February, 2025, passed by the Central Administrative Tribunal, Srinagar Bench, [for short “ the Tribunal”] in O. A. No. 206/2022, whereby, the Tribunal has called upon the Secretary, Ministry of Corporate Affairs, Government of India, New Delhi, to tender its opinion on the controversy involved in the OA. 02. The impugned order is challenged by the petitioners, primarily, on the ground that the Tribunal cannot abdicate its function of adjudication to the Ministry of Corporate Affairs, nor the opinion, if any, tendered by the Ministry is binding on the Tribunal. 03. It is submitted that so far as the Ministry of Corporate Affairs is concerned, it can only certify the date of incorporation of the respondent- Corporation as company under the Indian Companies Act and cannot opine any further. 04. Be that as it may, having regard to the submissions made by Mr. Jan, learned senior counsel and the consensus arrived at by learned counsel for both the sides, we are of the view that the order dated 12th February, 2025, impugned in this petition deserves to be set aside. Ordered accordingly. 05. The Tribunal is requested to dispose of the OA on merits without seeking any opinion from any outside agency. We would appreciate if the matter is taken up on priority and decision taken thereon at the earliest in any case, preferably, within a period of two weeks. 06. Disposed of in the aforesaid terms. (MOHD YOUSUF WANI) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 21.04.2025 “Shamim Dar”