Nisar Ali Mir And Others vs Union Territory Of J&K And Others
2022 Latest Caselaw 2155 j&K/2

                                                                            Sr. No. 3

             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR
                 (THROUGH VIDEO CONFERENCING)

                                                     WP(C) No. 2742/2022
                                                     CM(6926/2022)
                                                     Cav. 2102/2022


Nisar Ali Mir and others.                                   ...Appellant/Petitioner(s)

                            Through :- Mr. M. A. Qayoom, Advocate.

                                  V/s

Union Territory of J&K and others.                                 .....Respondent(s)

                            Through :- Mr. I. N. Laway, GA.
                                       Mr. Z. A. Qureshi, Sr. Advocate with
                                       Mr. Showkat Ali Khan, Advocate for
                                       caveators/respondent nos. 12 and 13.


   Coram:           HON'BLE THE CHIEF JUSTICE
                    HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                  ORDER

Cav. 2102/2022

Heard learned for the caveators/respondent nos. 12 and 13.

Caveat stands discharged.

WP(C) No. 2742/2022

Heard counsel for the petitioners as well as counsel appearing for the

caveators/respondent nos. 12 and 13.

Learned counsel for respondent nos. 12 and 13 has questioned the

maintainability of the writ petition for the reliefs claimed in the writ petition on the

ground that no writ petition can be filed seeking initiation of the contempt

proceedings arising out of the orders passed by the various court and not by the

Division Bench of this Court.

After hearing the arguments, we have pointed out as to how the writ petition

is maintainable for initiation of the contempt proceedings against the respondents

for alleged violation of the orders arising out of the proceedings pending before the

various court.

Counsel for the respondents has made reference to the application of the

Article 215 of the Constitution of India while placing reliance on the judgments

passed by the Supreme Court in cases titled 'Delhi Development Authority vs.

Skiper Construction Company (P) Ltd. and another.' reported as AIR 1996

Supreme Court 2005 and 'Urban Infrastructure Real Estate Fund versus

Dharmesh S. Jain and another' reported as (2022) 6 Supreme Court Cases 662.

Issue notice to the respondents.

Mr. Ilyas N. Laway, learned Government Advocate, accepts notice on behalf

of respondent nos. 1 and 2.

Mr. Showkat A. Khan, learned counsel accepts notice on behalf of

respondent no.12 and 13.

Reply/objections before the next date.

Notice to rest of the respondents returnable within four weeks.

Requisite steps for service within one week.

List on 6th February 2023.

                    (RAHUL BHARTI)                (ALI MOHAMMAD MAGREY)
                            JUDGE                       CHIEF JUSTICE
Jammu
05.12.2022
Sunita