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2025 Supreme(J&K) 3

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE RAHUL BHARTI, J
M/s Sawalkote Prosjektutvikling As – Appellant
Versus
Union Territory Of Jammu And Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. C. M. Koul, Sr. Advocate with Mr. Arshad Hussain, Advocate & Mr. A. R. Bhat, Advocate
For the Respondent:Mr. D. C. Raina, Advocate General with Mr. Ravinder Gupta, AAG for R – 1 & 2. Mr. P. N. Raina, Sr. Advocate with Mr. J. A. Hamal, Advocate & Mr. A. P. Singh, Advocate for R – 3 & 4.

JUDGMENT :

1. Whether the petitioner-M/s Sawalkote Prosjektutvikling AS has any actual status and locus to be a petitioner to maintain the present writ petition, with respect to purported cause of action forming subject matter of the writ petition, is a preliminary aspect without first dealing with which the adjudication of the writ petition, on its core-cause, may amount to be putting the cart before the horse.

2. It is in said context that this Court came to draw an order dated 15.04.2024 which has led to address of submissions from both sides, in particular from the petitioner’s side, with respect to the petitioner’s purported status and locus in maintaining the present writ petition.

3. Before this court comes to deal with the effort and energy invested submissions on the part of Senior Advocate Mr. C.M. Koul arguing for the petitioner, the facts of the case in a chronological manner need to be fetched and laid out at first so as to subserve the perspective in which the issue of status and locus of the petitioner- M/s Sawalkote Prosjektutvikling AS has self-popped to invite and engage the court’s attention for adjudication.

4. The petitioner-M/s Sawalkote Prosjektutvikling AS (in s

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