Tesco and Sainsbury’s were today heading for a High Court showdown over the right to build a multi-million pound supermarket in Wolverhampton.

Sainsbury’s is fighting a ruling by council bosses to grant its rival permission to develop a site off Ring Road St Mark’s at Graiseley.

The supermarket today revealed it had won the right to put its case before a top judge, who will bring an end to the row which has rumbled on for more than 10 years.

Raglan Street is co-owned by both store giants, with Sainsbury’s unhappy at being forced by the council to give up its lion’s share.

The company hopes to convince the High Court that the use of a compulsory purchase order to claw back the land was unlawful.

Sainsbury’s spokeswoman Sue Bailey said: “We are seeking legal clarification on the use of the council’s powers.”

Wolverhampton City Council chose Tesco as its preferred developer before ordering Sainsbury’s, which owns two thirds of the land, to give it up. Tesco won the council’s backing, partly due to its pledge to transform the derelict Royal Hospital site in All Saints with a £50 million development including more than 100 homes and new headquarters for the city’s primary care trust.

Spokesman Tony Fletcher said of Sainsbury’s High Court decision: “We are committed to developing a store at Raglan Street and our work at the Royal Hospital shows we are committed to the project in total.”

Steve Boyes, director of regeneration at Wolverhampton City Council, said: “In the meantime the council continues to work with both parties and hopes to find ways to resolve the issue as soon as possible.”