Abdul Rashid Bhat vs Upendra Kumar And Anr
2021 Latest Caselaw 1238 j&K

                                      h475




                                                                  S.No.57

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
                                                CPOWP No.105/2012
                                                IA Nos.1/2015 & 1/2018


Abdul Rashid Bhat                                           ...Petitioner(s)
                           Through:-Mr. U.K.Jalali, Sr. Advocate with
                                    Mr. Michael Singh Dogra, Advocate
      V/s
Upendra Kumar and anr.                                      ...Respondent(s)
                          Through:- Mr. Harshwardhan Gupta, Advocate

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                     ORDER

1. This is a petition for initiating contempt proceedings against the respondent for non-compliance of the judgment dated 02.02.2012 passed in OWP No.1252/2004. Operative portion of the order reads as under:-

"Respondent no.3 is directed to process and forward the entire case to the competent authority in terms of Section 6 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 and the said authority in view of the facts emerging in this case shall consider and take a decision. Till then interim order passed by the Court on. 28.12.2007 shall remain in operation. In the event, approval is granted by the competent authority, respondents shall be duty bound to restore back the possession of 1 Kanal and 3 Marias of land covered under Khasra . No. 8/1 situated at village Dhanidhar, Tehsil and Distt. Rajouri, to the petitioner. Disposed of along with connected CMP(s)."

2. In response to the notice issued by this Court, the respondents have filed their statement of facts and have placed on record copy of communication addressed by Additional Director General for Director General, Defence Estates dated 13.03.2015 to Principal Director, Defence

Estate conveying that the proposal of Deputy Commissioner, Rajouri submitted vide its letter dated 12.09.2012 for de-requisitioning the land measuring 6 kanals comprising in Khasra No.8/1 (old 162/40) situated in village Dhanidhar, Tehsil Rajouri has been examined by the Competent Authority of Ministry of Defence under the provisions of Section 6 read with Section 21 of the J&K, RAIP Act, 1968 and since the land in question is still required by the Army for its planned use as a convoy ground and future expansion, hence the competent authority has decided not to de- requisition the subject land and has approved its continuous retention.

3. In view of the aforesaid stand taken by the respondents, it cannot be said that the directions issued by this Court have not been complied. Accordingly, proceedings in this contempt petition are closed, leaving it open to the petitioner to work out his remedy against communication dated 13.03.2015 as also to retrieve the subject land from the respondents.

(Sanjeev Kumar) Judge

Jammu 05.10.2021 Vinod.

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