Serial No. 11
Supplementary Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 7379/2022 in
LPA No. 266/2022
Inhabitants of Village Hardu Ring
... Appellant(s)
Through: -
Mr Sheikh M. Saleem, Advocate with
Mr Asif Irshad, Advocate.
V/s
Union Territory of Jammu and Kashmir & Ors.
... Respondent(s)
CORAM:
Hon'ble Mr Justice Rajnesh Oswal, Judge Hon'ble Mr Justice Mohan Lal, Judge (ORDER) 02.02.2023 CM No. 7379/2022:
For the reasons mentioned in the application coupled with the submissions made at the Bar, the instant application is allowed and the delay in filing the main appeal (LPA No. 266/2022) is condoned.
CM disposed of as above.
LPA No. 266/2022:
The appellants are aggrieved of Order dated 12th of April, 2022 passed by the learned Writ Court in WP (C) No. 726/2022, whereby the learned Writ Court has dismissed the Writ Petition filed by the Appellants with liberty to file appropriate application for initiating contempt proceedings against the incumbents in position who have failed to implement the Judgment dated 13th of December, 2013.
During the course of hearing, the learned Counsel appearing for the Appellants, has submitted that the Appellants have already filed a representation with the Respondents pursuant to Order dated 4 th of February, 2020 whereby the application for initiating contempt proceedings against the alleged contemnors was disposed of. In that view of the matter, we do not find any reason to show indulgence, particularly when the Appellants have been granted liberty not only by the Contempt Court but also by the Writ Court to file appropriate proceedings for implementation of the Judgment dated 13th of December, 2013. Accordingly, we dispose of this appeal with liberty to the Appellants to avail appropriate remedy as available under law.
Disposed of.
(Mohan Lal) (Rajnesh Oswal)
Judge Judge
SRINAGAR
February 2nd, 2023
"TAHIR"