Mohammad Ramzan Ganai & Ors vs Mr Afroz Ahmad & Anr
2021 Latest Caselaw 467 j&K/2

                                                                             Sr. No. 218
                                                                             Advance List.
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                   AT SRINAGAR

                                            (Through Virtual Mode)

                                             CPOWP No. 102/2014

        Mohammad Ramzan Ganai & Ors.                                         ...Petitioner(s)

         Through: None

                                                     Vs.
        Mr Afroz Ahmad & Anr.                                              ...Respondent(s)

         Through: Mr. Irfan Andleeb, Dy. AG


        Coram:             HON'BLE MR. JUSTICE SANJEEV KUMAR

                                                 ORDER

22.04.2021

1. This contempt petition is filed for willful disobedience and non- compliance of order dated 22 nd July 2011 passed in OWP No. 467/2008 titled Mst. Safia Hyder vs. State of JK & Ors. The operative portion of the judgment reads as under:-

"A committee of CJM/Sub Judge Budgam and Dy. Commissioner Budgam is constituted. The committee is directed to have local inspection of the area in presence of petitioner and other concerned persons and in order to arrive at just and lawful conclusion afford opportunity of hearing to the petitioner and other concerned persons and after considering the record as also making spot inspection make recommendation. If the committee makes recommendation that the petitioner and other concerned persons including private respondent(s) have encroached upon the irrigation canal at Astanpora. Rawalpora Hakeembagh then petitioner and private respondents shall remove the encroachment within a period of seven days at their own cost. In the event petitioner and private respondents fail to remove encroachment within seven days then the Executive Engineer irrigation division MOHAMMAD ALTAF NIMA 2021.04.26 14:23 I attest to the accuracy and CPOWP

of the concerned area will initiate action for removal of such encroachment at the cost of the encroachers."

2. This order was passed on 22nd July 2011 and when it was not complied with, the instant contempt petition was filed by the petitioners on 3rd March 2014 i.e, much after the limitation for filing contempt petition had expired.

3. Notice in the matter was issued on 6 th March 2014 when the learned Government Advocate appeared for the respondents and sought time to file compliance report. The matter is pending ever since.

4. It was lastly listed on 10th February 2021 when nobody appeared on behalf of petitioners.

5. From the conduct of the petitioners and the manner in which they have prosecuted this petition leaves no manner of doubt that the petitioners are no more interested in pursuing this petition and are satisfied with regard to the compliance of the judgment by the respondents.

6. For all these reasons, the proceedings in this contempt petition are closed.

(SANJEEV KUMAR) JUDGE SRINAGAR 22.04.2021 Altaf

MOHAMMAD ALTAF NIMA 2021.04.26 14:23 I attest to the accuracy and CPOWP