Lt. Col Retd. Dogra Nath Sharma vs Sindasu Pandey
2021 Latest Caselaw 1725 j&K

                                                                        S. No. 11

        HIGH COURT OF JAMMU, KASHMIR AND LADAKH
                        AT JAMMU

                                                   CPOWP No. 57/2010 in
                                                   OWP No. 639/2003


Lt. Col Retd. Dogra Nath Sharma                        ..... Petitioner/appellants (s)

                                Through :- Mr. Waheed Choudhary, Advocate

                          v/s

Sindasu Pandey, Secy. Finance and others                          .....Respondent(s)

                                Through :- Mr. K. D. S. Kotwal, Dy. AG for
                                           Nos. 1 to 3
                                           Mr. Karman Singh Johal, Advocate

Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                     ORDER

This contempt petition arises out of the writ petition bearing OWP

No. 639/2003 which was decided on 26.02.2010. The said writ petition along

with other writ petitions was decided by this Court in terms of judgment dated

26.02.2010 and the writ petitions except writ petition OWP No. 639/2003 were

dismissed.

In the said writ petition, the petitioner's case was that the

respondents are contemplating to grant license to respondent No. 4 who falls

within the age limit of 40/45 and thus not eligible. While deciding the batch of

writ petitions, this Court, while dealing with the writ petition OWP No.

639/2003, observed as under:

"So far OWP No. 639/2003 is concerned, issue in this petition is limited one and pertains to ex-serviceman. Petitioner is beyond age of 40 years while as on the basis of communication of the Excise Commissioner impugned in the present petition, the respondents contemplate to grant license to respondent No. 4 who falls within age limit of 40/45 years.

But on consideration of the matter, I find word youth is restricted to educated unemployed persons only and the word cannot be extended and applied in case of ex-serviceman too. Wording of the scheme is so clear that word youth cannot be read with word ex-serviceman and ex-serviceman cannot be subject to any restriction with regard to particular age limit."

It is clear that there is no direction passed in this writ petition

which can be said to have been not complied with as has also been observed in

order recorded in this petition on 26.02.2010.

Mr. K. D. S. Kotwal, learned Dy. AG has submitted that the issue

regarding grant of liquor license and extension of period of license was dealt

with by this Court in batch of writ petitions and it was held that the license

period was only for one year and in that view of the matter also, no order for

grant of license or extension could be passed in favour of the petitioner. It is

further submitted by the learned counsel for the respondents that the order

passed which is subject matter of this contempt was also challenged by them in

Letters Patent Appeal(LPA) and the said LPA has been decided along with

other connected LPAs.

Since there is no order which can be said to have been not

complied with, as such, there is question of commission of contempt by the

respondents.

In view of the above, the contempt proceedings are, accordingly,

closed and rule discharged.

(VINOD CHATTERJI KOUL) JUDGE Jammu 22.12.2021 Rakesh

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No