Ahmad Khan And Ors vs Vija Rajak (Defence Estate ...
2021 Latest Caselaw 1649 j&K/2

                                                                     S. No. 29
                                                                     After Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                       CPOWP No. 179/2014

            Ahmad Khan And Ors.                                            .....Petitioner(s)
                                        Through:       Mr. Rizwan, Adv.
                      V/s
           Vija Rajak (Defence Estate Officer)                   ..... Respondent(s)
                                  Through:      Mr. T. M. Shamshi, ASGI.
           CORAM:
                       Hon‟ble Mr. Justice Sanjay Dhar, Judge.

                                                   ORDER

21.12.2021 Petitioners through the medium of instant petition have sought compliance of the order dated 04.10.2013 passed by the writ court in OWP No. 1373/2013 whereby the respondents were directed to accord consideration to the assessment and release of rent whatever due to the petitioners in light of averments made in the petition and annexures appended thereto including Government Order No. Home-35-(P) of 2009 dated 16th January, 2009, and of course in accordance with rules occupying the field.

Statement of facts stands filed on behalf of respondent No. 1. In the statement of facts, it is indicated that pursuant to the order of the writ court, the respondent No. 1 has passed a speaking order dated 26.05.2014, as such, the judgment of the writ court stands complied with.

Respondents No. 2 and 3 have also filed statement of facts in which it has been categorically stated that order of the writ court is required to be complied with by Union of India as the land in question is under the occupation of the Army.

During the pendency of these proceedings, respondent No. 1 has filed application bearing IA No/. 01/2018. In the said application, it has been submitted that the respondents have already deposited the amount of rent before this Court vide Cheque No. 232176 dated 04.11.2015 in compliance to the directions of this Court.

In view of the above, proceedings against the respondents are dropped and the contempt petition is disposed of . In case, the cheque has been deposited with the Registry of this Court, petitioners are at liberty to file appropriate application for its release which shall be considered on its own merits.

(Sanjay Dhar) Judge AASIF GUL SRINAGAR 21.12.2021 2021.12.21 23:38 I attest to the accuracy and "Aasif"

integrity of this document