Mohammad Yaseen Sheikh vs Through: Mr. Irfan Andleeb
2022 Latest Caselaw 413 j&K/2

Citation : 2022 Latest Caselaw 413 j&K/2
Judgement Date : 20 April, 2022

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Yaseen Sheikh vs Through: Mr. Irfan Andleeb on 20 April, 2022

                                                                             NISSAR A BHAT
                                                                             2022.04.20 13:09
                                                                         Advance List
                                                                         Serial No. 5


  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR
                                                                     CCP (S) 393/2019
Mohammad Yaseen Sheikh
                                                             ... Petitioner/Appellant(s)
Through: Mr. Zahoor A Shah, Advocate

                               V/s
Shahnawaz Ahmad Sofi and another

Through: Mr. Irfan Andleeb, DAG
                                                                      ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                                       ORDER

20-04-2022 In this contempt petition, the petitioner has prayed for initiation of contempt proceedings against respondents for willful disobedience and non- compliance of judgment dated 17.1.2019 passed in OWP 40/2019 whereby a direction was issued to respondent no. 2 who was seized of the application filed by the petitioner purportedly under Section 94 of J&K Land Revenue Act to decide the same finally in accordance with law within a period of two months.

The Assistant Commissioner, Revenue, Shopian, has filed a detailed statement of facts indicating that the proceedings have been taken on the application of the petitioner and respondents have not found the case of the petitioner maintainable before the Revenue authorities for want of jurisdiction. And, therefore, the petitioner has been advised to approach the civil court.

In view of the aforesaid, it cannot be said that the respondents have acted in any manner in violation of the judgment passed by this court. Proceedings in this contempt petition are accordingly closed leaving it open to the petitioner to work out his remedy against the order passed by the Revenue authorities or else approach the civil court as is advised by the Revenue authorities.

(SANJEEV KUMAR) JUDGE Srinagar 20-04-2022 N Ahmad