Satnam Singh vs Tasaduq Jellani And Ors
2022 Latest Caselaw 69 j&K

                                                                       Sr. No. 62



      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                       AT JAMMU


                                                CPSW No.215/2018

Satnam Singh                                                     ....petitioner(s)

                  Through :- None


        Vs
Tasaduq Jellani and ors
                                                              ....Respondent(s)

                 Through :-   Mr. K.D.S.Kotwal Dy.AG

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

                                    ORDER

1 This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of judgment dated

21.08.2017 passed in SWP No.2841/2010 whereby a direction has been issued to

the respondents to consider the claim of the petitioner on the basis of averments

made in the writ petition and in the light of the judgment passed in a batch of

writ petitions, led by SWP No. 809/2001.

2 The statement of facts on behalf of the respondents has been filed. The

stand taken by the respondents is that the judgment passed in the case of

Provincial Power Employees Union is subject matter of challenge before the

Supreme Court and the Supreme Court has stayed the operation of the judgment.

It is, therefore, submitted that in view of the pendency of SLP before the

Supreme Court and the interim directions passed, this contempt petition cannot

proceed.

3 Having heard Mr. Kotwal, learned Dy.AG and perused the material, I

am of the view that this contempt petition at this stage is not maintainable. The

judgment of which the benefit has been given to the petitioner is already stayed

by the Supreme Court. Therefore, the proceedings in this contempt petition are

closed, leaving it open to the petitioner to file fresh contempt petition, if

required, after dismissal of the SLP.

(Sanjeev Kumar) Judge Jammu:

02.02.2022 Sanjeev

Whether order is speaking:Yes