Universal Alloys & Others vs Mudhukar Gupta & Ors
2021 Latest Caselaw 177 j&K/2

                                                                               Item No.209
                                                                               After Notice.
                               IN THE HIGH COURT OF JAMMU AND KASHMIR
                                             AT SRINAGAR

                                                                    CPOWP No.313/2007

                  Universal Alloys & others                                 ...Petitioner(s)

                               Through: Mr. Prince Hamza, Advocate.

                                    Vs.

                  Mudhukar Gupta & Ors.                                  ...Respondent(s)

Through: Mr. T. M. Shamsi, ASGI-for R1 Ms. Saba Gulzar, Asstt. Counsel, vice Mr. B. A. Dar, Sr. AAG-for R2&3.

CORAM: Hon'ble Mr. Justice Sanjay Dhar, Judge

(ORDER) 19.02.2021

1. Petitioners have alleged non-compliance of order dated

14.11.2006 passed by this Court in OWP No.1521/1993. Vide

the said order, a direction was made to the respondents to

consider the case of the petitioners in the light of certain

documents placed on record by the petitioners along with the

writ petition and in the light of judgment of the Supreme

Court in the case of Union of India vs. Nihar Kanta Sen &

Ors. (1987) 2 SCR 1107.

2. It is pertinent to mention here that in the writ petition,

the petitioners had sought a direction upon respondents to

pay them the damages caused to their industrial units which

are stated to have been forcibly occupied by the personnel of

Border Security Force.

MOHAMMAD ALTAF BHAT 2021.02.22 11:01 I attest to the accuracy and integrity of this document

3. Statements of facts came to be filed by the respondents

from time to time and ultimately vide CM No.5004/2020,

latest statement of facts stands filed by the respondents in

which they have submitted that the matter has been

considered by the respondents in the light of directions

passed by this Court where-after Government Order No.206-

IND of 2013 dated 06.09.2013 has been passed by the

respondents. A copy of the said order has been placed on

record.

4. In view of above, the order passed by this Court stands

complied with and, as such, no case is made out for framing

rule against the respondents. The contempt proceedings are

closed and the petition is, accordingly, disposed of. However,

petitioners shall be at liberty to have recourse to the remedies

that may be available to them under law against the order

dated 06.09.2013 passed by the respondents, if so advised.

(Sanjay Dhar) Judge Srinagar 19.02.2021 "Bhat Altaf, PS"

MOHAMMAD ALTAF BHAT 2021.02.22 11:01 I attest to the accuracy and integrity of this document