Farooq Ahmed Sheikh And Others vs Rakesh Kumar Gupta And Others
2021 Latest Caselaw 1530 j&K

                                                                 Sr. No.58
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU


                                             CPSW No. 413/2013
                                             CM No. 5703/2019


Farooq Ahmed Sheikh and others                    .....Appellant(s)/Petitioner(s)



                       Through: Mr. M.P. Sharma, Advocate.


                  Vs


Rakesh Kumar Gupta and others                                ..... Respondent(s)


                       Through: Mr. Aijaz Lone, Dy. AG


Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                   ORDER

24.11.2021

During the pendency of the present contempt petition, order of

consideration dated 7.4.2017 was passed, rejecting the case of the

petitioners in reference to the directions issued by the writ court vide

judgment and order dated 17.5.2013.

In the present contempt petition, vide order dated 25.9.2019, an

interim direction was issued for purposes of enforcing substantive relief to the

petitioners. The said order was challenged by the State in an LPA bearing

No. 310/2019 and the said order was set aside.

While the contempt proceedings were kept alive, it was kept open

for the learned Single Judge to proceed against the respondents like Principal

Secretary to Govt., Finance Department. However, the direction giving

liberty would be of little consequence considering the observations made in

the judgement and order dated 3.9.2021 passed by the Division bench.

In the circumstances, it is deemed appropriate to close the present

proceedings, leaving it open to the petitioners to challenge the order of

consideration on merits before the appropriate forum. Ordered accordingly.

Disposed of accordingly.

(Dhiraj Singh Thakur) Judge Jammu 24.11.2021 Naresh