Sat Pal And Others vs G. Mohan And Others
2022 Latest Caselaw 233 j&K

                                                                        Sr. No.26



         HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                          AT JAMMU

                                                CPOWP No. 48/2016

Sat Pal and others                                    ....Petitioner/Appellant(s)

                   Through :- Mr. Rohit Verma, Advocate
         V/s

G. Mohan and others                                            ....Respondent(s)

           Through :-          Mr. Vishal Sharma, ASGI
                               Mr. S.S. Nanda, Sr. AAG

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

                                     ORDER

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

proceedings against the respondents for willful disobedience and non-

compliance of the judgment dated 02.09.2015 passed in OWP No. 1235/2015,

whereby the writ Court while allowing the writ petition directed the respondent

No. 3 to consider the case of the petitioners as projected in the petition strictly

under rules governing the field and having regard to the Judgment dated

24.10.2013 passed in OWP No. 864/2013 titled Mohinder Pal and others Vs.

Union of India and others, provided the same is applicable to the case of the

petitioners. Respondents were given six weeks' time to pass the consideration

order.

02. On being put on notice, respondent No.3 has filed statement of facts and

has also placed on record copy of the detailed consideration order dated

19.10.2015. Perusal of the consideration order shows that in terms of the

judgment passed by this Court the case of the petitioner has been considered and

the Deputy Commissioner, Rajouri has been asked to assess the rent of the land

in question and as per the assessment, if any, made, the Union of India has been

directed to deposit the rental compensation with the Deputy Commissioner,

Rajour for further disbursement of the rental compensation to the rightful owners

of the land in question.

03. In view of the aforesaid consideration order, no contempt is made out

against respondent Nos.1 and 2, however, as is apparent from the perusal of the

consideration order, the needful is now required to be done by Deputy

Commissioner, Rajouri.

04. Mr. Nanda, learned Senior AAG prays for and is granted four weeks' time

as last and final opportunity to file compliance report, failing which Deputy

Commissioner, Rajouri shall appear in person on the next date of hearing.

05. List on 05.04.2022.

(Sanjeev Kumar) Judge Jammu:

21.02.2022 Angita