Robkar vs U.T Of J&K And Ors
2022 Latest Caselaw 623 j&K/2

                                                           S. No. 1
                                                           Regular cause list
      IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR

                                CCP 2/2022

 Robkar                                                           ...Petitioner(s)

 Through: Mr. Mohd Ashraf Qadri, Adv.

                                     Vs.

 U.T of J&K and Ors.                                         ...Respondent(s)

 Through: Mr. M.A. Chashoo, AAG.

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

                                  ORDER

18.05.2022

CPOWP 128/2011 & CCP 2/2022:

The judgment passed by this Court on 19th March, 2010, still awaits

compliance by respondents. More than 11 years have passed and

respondents are still playing the blame game. There is no dispute with regard

to liability which the respondents owe towards the petitioners.

Noticing that there was no intention of respondents to comply with

the judgment, this Court vide order dated 22nd December, 2021, issued

notice to Shri. Imam-Ud-Din, then District Development Commissioner

Kupwara, to show cause as to why the proceedings under the Contempt of

Court are not initiated against him. On 22nd March, 2022, this Court noticed

that reply to the show cause notice has not been filed by Shri, Imam-Ud-Din,

then District Development Commissioner Kupwara, and, accordingly,

directed the Registrar Judicial to frame Robkar against Mr. Imam-Ud-Din,

then District Development Commissioner Kupwara, asking him to show

cause as to why he should not be punished for committing the Contempt of this Court by not implementing the judgment dated 19th March, 2010, passed

in OWP 960/2007. An application filed by Shri. Imam-Ud-Din, then District

Development Commissioner Kupwara, for recalling of the order, also came

to be dismissed vide order dated 7th May, 2022.

In response to the order dated 22nd March, 2022, Shri, Imam-Ud-Din,

then District Development Commissioner Kupwara, is present in person and

prays for short adjournment to file reply to the Robkar issued by this Court

in terms of order dated 22nd March, 2022. He further submits that he has

taken all requisite steps within his power and had personally gone to the

office of the Divisional Commissioner as well as Secretary Home to

persuade them to release the requisite funds so that the judgment is complied

with, but despite his persuasion, he has not received any positive response so

far.

It appears from the statement of Mr. Imam-Ud-Din, then District

Development Commissioner Kupwara, that Divisional Commissioner

Kashmir and Commissioner Secretary to the Government Department of

Home are creating deliberate hindrance in the compliance of the judgment,

and, therefore, they are also required to be summoned to appear in person

and show cause as to why the contempt proceedings be not initiated against

them. Mr. Pandurang K. Pole, Divisional Commissioner Kashmir and Mr.

R.K. Goyal, ACS Home, are impleaded as party respondents.

Registry shall issue notice to both the aforesaid newly added

respondents to show cause as to why the Contempt of Court proceedings be

not initiated against them for causing hindrances in the implementation of

the judgment dated 19th March, 2010.

List the matter for consideration on 03.06.2022.

In the meanwhile, Mr. Imam-Ud-Din, then District Development

Commissioner Kupwara, shall file his reply to the Robkar issued in terms of order dated 22nd March, 2022. It is however, made clear that in case the

judgment is not complied with by the next date of hearing, Mr. Imam-u-Din,

then Deputy Commissioner Kupwara, Mr. Pandurang K. Pole, Divisional

Commissioner Kashmir and Mr. R.K. Goyal, ACS Home, shall all appear in

person.

(SANJEEV KUMAR) JUDGE

SRINAGAR 18.05.2022 "Mir Arif"