PER HON™BLE ACTING CJ

1. A Full Bench of this court in Abdul Ahad Loan and ors Versus Manager Govt. Woolen Mills and ors, (A.I. R 19 "9 Jammu and Kashmir, 57) after a review of catena of authorities opined that a company incorporated under the Companies Act and governed by the provisions of the Companies Act, cannot be characterised as ˜authority" State, or an agent of the State and in that view of the matter held that the Jammu and Kashmir Industries (Private) Ltd, is a company and not an authority within the meaning of Art 12 of the Constitution of India and is not amenable to the writ jurisdiction of this court. Placing reliance on this judgment, a preliminary objection was raised by the learned counsel for the respondent challenging the maintainability of the writ petition, before a learned Single Judge of this court. Kotwal J (as his Lordship then was) doubted whether or not the aforesaid (F. B ) authority still holds field in view of the judgment of the Supreme Court in Ajay Hasia and ors versus Khalid Mujib and ors, (A. I. R. 1981 S. C. 487) and, therefore, he referred the cases for an authoritative pronouncement before a Full Bench as it involved the reconsideration of the F

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