Shamas Ud Din Rather vs Khurshid Ahmed
2022 Latest Caselaw 152 j&K

                                                                       Sr. No. 18



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                          AT JAMMU
                   (through video conference)


                                                CPOWP No. 169/2016

Shamas Ud Din Rather                                  ....Petitioner/Appellant(s)


                  Through :- None.


          V/s

Khurshid Ahmed, Secy. R.D.D. and                              ....Respondent(s)
Others
             Through :- Mr. Ravinder Gupta, AAG


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

                                    ORDER

10.02.2022

In response to the notice issued in this contempt petition, the

respondent No. 5, the Block Development Officer, Gandoh, District Doda and

the respondent No. 3, District Development Commissioner, have filed their

statement of facts.

In the statement of facts filed, the respondents do not dispute their

liability of payment of Rs. 3 lacs in favour of the petitioner but show their

inability to pay the amount due to paucity of funds. It is the stand of the

respondents that the matter has been taken up with the Administrative

Department for release of funds to the tune of Rs. 3 lacs so that the liability of

the petitioner is cleared.

The statement of facts were filed in the year 2017. This Court is sure

that the Administrate Department must have acted in the matter and released the

funds by now. Mr. Ravinder Gupta, learned AAG appearing for the respondents

prays for and is granted four weeks' time to come up with the fresh compliance

report indicating the manner in which the request of Block Development Officer,

Gandoh and District Development Commissioner, Doda has been dealt with by

the Administrate Department. It is made clear that in case the matter is still

pending consideration of the Administrative Department, the same be cleared by

the next date and the requisite payment be released in favour of the petitioner.

In case, the respondents fail to comply with the judgment by the next

date, the respondent No. 1 i.e. Commissioner/Secretary to the Government,

Rural Development Department, shall appear in person before the Court on the

next date of hearing.

List on 05.04.2022.

(Sanjeev Kumar) Judge Jammu:

10.02.2022 Sahil T