Inhabitants Of Sirgwari vs Sayed Nayeem Ahmed
2022 Latest Caselaw 193 j&K

                                                                          Sr. No. 06



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU


                                                  CPOWP No. 150/2015

Inhabitants of Sirgwari, Kishtwar                       ....Petitioner/Appellant(s)

                  Through :- None.


         V/s

Sayed Nayeem Ahmed, C. E. PMGSY.                                 ....Respondent(s)
and Others
             Through :- Mr. Ravinder Gupta, AAG


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

                                      ORDER

15.02.2022

01. This petition has been filed by the petitioners for initiating contempt

proceedings against the respondents for willful disobedience and non-

compliance of the interim directions dated 11.08.2015 passed in OWP No.

1084/2015, whereby the construction of road from Kilometer No. 12 was stayed.

02. Respondents have filed their compliance report. Apart from meeting

the allegations made in the contempt petition on merits, the main writ petition

bearing OWP No. 1084/2015 has been finally disposed of with a direction to the

respondents to consider the representation of the petitioners and therefore, the

interim order passed in the petition has merged with the final order. It is

therefore, contended that if the petitioners are aggrieved by the non-compliance

of the final order passed in the writ petition, they may have a fresh cause to file a

fresh contempt petition but this petition is not maintainable.

03. Heard learned counsel for the respondents and perused the material on

record. It is true that the interim order of which violation is alleged in the present

petition has merged in the final order, whereby OWP No. 1084/20215 has been

finally disposed of.

04. In that view of the matter, the interim direction of which violation is

alleged has merged with the final judgment and, therefore, this contempt petition

has become infructuous. For this reason, no case for initiating contempt

proceedings against the respondents is made out. This contempt petition is

dismissed. It shall however, remain open for the petitioner to work out his

remedy against the consideration/speaking order, if he still feels dissatisfied.

(Sanjeev Kumar) Judge Jammu:

15.02.2022 Angita Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No

ANGITA DEVI 2022.02.17 14:47 I attest to the accuracy and integrity of this document