Rahul Sharma vs Farooq Ahmed Shah And Ors
2022 Latest Caselaw 75 j&K

                                                                        Sr. No. 34



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU


                                                CPOWP No. 272/2018

Rahul Sharma                                                     ....petitioner(s)

                  Through :- Mr. Sachin Gupta


         V/s


Farooq Ahmed Shah and ors                                      ....Respondent(s)

                 Through :-    Mr. R.S.Jamwal AAG.

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

                                       ORDER

1. The judgment dated 27.06.2018 passed by this Court in OWP

No. 1215/2018 has not been complied with. Vide order dated 16.11.2021, the

respondents admitted that they are liable to pay a sum of Rs.22,16,057/- to the

petitioner, but are showing their inability to release the said amount in favour of

the petitioner on the ground that they have to get the funds from the NABARD.

Let it be made clear that the arrangement of funds is the responsibility of the

official respondents in the Irrigation and Flood Control Department and the

petitioner has no say in the matter.

2 It is for the official respondents to take up the matter with NABARD

or whatever agency that is responsible for providing the funds and ensure that

admitted payment in favour of the petitioner is released. On 16.11.2021, four

weeks' time was granted to do the needful. We are in February,2022, nothing

fruitful has been done. This clearly shows that the respondents are in contempt

and have no intention to comply with the judgment. However, before framing a

Robkar and issuing a formal notice in the contempt, one last and final

opportunity of four weeks is granted to comply with the judgment, failing which,

the Executive Engineer, Irrigation Division, Kathua shall appear in person. It is

made clear that if the liability of the petitioner is not discharged by the next date

in compliance to the judgment passed by this Court, this Court may be

constrained to seize the account head of the concerned Irrigation Division.

3         List on 10.03.2022.




                                                   (Sanjeev Kumar)
                                                         Judge
Jammu:
03.02.2022
Sanjeev