Siraja Begum And Ors vs Mr. Itrat Hussain Rafiqi And Ors
2021 Latest Caselaw 470 j&K/2

S No. 215
After Notice
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                  AT SRINAGAR
                                      (THROUGH VIRTUAL MODE)

                                                                        CPOWP No. 733/2013

           Siraja Begum and Ors.                                                   Petitioner(s)

                                               Through:-      None.

                                                        Vs.
           Mr. Itrat Hussain Rafiqi and Ors.                                       Respondent(s)

                                               Through:-      Mr. B. A. Dar, Sr. AAG.
           CORAM:-

Hon'ble Mr. Justice Sanjeev Kumar, Judge.

(O R D E R) 22-04-2021

01. This is a petition for initiating contempt proceedings against the respondents

for willful disobedience and non-compliance of the judgment dated 4th

October, 2013 passed in OWP No. 67/2012 titled Siraja Begum and Ors Vs.

State of J&K and Ors. The operative portion of the judgment reads as under:

"Be that as it may, this petition is disposed of with a

direction to the respondents to conclude the

proceedings within eight weeks from the date of

receipt of this order. This shall not stand in the way of

the petitioner to workout appropriate remedy in the

event they are not satisfied with the compensation

assessed or any other benefit to which they are entitled

under rules."

AASIF GUL 2021.04.23 00:16 I attest to the accuracy and integrity of this document

CPOWP NO. 733/2013

02. On being put to notice, the respondent No. 1 has filed the compliance report

supported by an affidavit of one Itrat Hussain Rafiqi, the then District

Programme Officer, Kupwara. In the compliance report, it is submitted that in

compliance to the directions of this Court, the Collector was directed to

implement the directions in letter and spirit and in response he summoned the

petitioner to receive the amount of compensation but the petitioner did not

turn up and instead they put up barbed wire over a patch of land reserved for

pathway leading to the Degree College and tried to encroach upon it. It is thus

submitted that the answering respondents have complied with the directions

of this Court and have worked out the compensation to be paid to the

petitioner. It is thus submitted that there is no violation of the directions passed

by this Court.

03. Having considered the matter in absence of the learned counsel for the

petitioner and taking note of the stand of the respondents spelt out in the

compliance report, I do not find a fit case for initiating contempt proceedings

against the respondents. The judgment passed by this Court stands complied

with and, therefore, the contempt proceedings are dropped. This petition is

disposed of accordingly.

(Sanjeev Kumar) Judge SRINAGAR 22.04.2021 "Aasif"

AASIF GUL 2021.04.23 00:16 I attest to the accuracy and integrity of this document