Mohd. Majid vs Unknown
2022 Latest Caselaw 1389 j&K

                                                                     Sr.No. 7


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU


                                                  CCP(S) No. 259/2022

Mohd. Majid                                           ....Petitioner/Appellant(s)

                   Through :- Mr. Rajesh Bhushan, Advocate.

         V/s

                                                              ....Respondent(s)
Sarmad Hafeez
Secretary to the Govt. Department of
Tourism Civil Secretary Jammu
                   Through :- None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                   ORDER

06.10.2022

1. This Court came to dispose of a writ petition-WP(C) no. 1559/2021 with

a mandamus issued to the respondent no. 1 i.e., Secretary to Govt.,

Tourism Department, Union Territory of Jammu and Kashmir to consider

and decide the case of the petitioner for release of the Capital Outright

Investment Subsidy (COIS) at the rate of 30% in favour of the petitioner

in terms of Tourism Incentive Rules and Government Order no. 72TSM

of 1995 dated 26.04.1995 read with Tourism Incentive Rules, 2012

keeping in view communication no. DTJ/INC/330 dated 18.04.2018 and

communications dated 24.11.2018 and 28.02.2019 by passing a speaking

order within a period of eight weeks from the date certified copy of the

order is made available to the respondent no. 1 i.e., Secretary to Govt.,

Tourism Department, Union Territory of Jammu and Kashmir.

2. The direction of this Court was for the Secretary to Govt., Tourism

Department, Union Territory of Jammu and Kashmir to consider and

decide the case of the petitioner. Whether or not the petitioner was

CM Nos.1278 & 1279/2021

entitled to have the benefit of a favourable decision was surely not the

mandate of the writ direction but it was a positive direction unto the

Secretary to Govt., Tourism Department, Union Territory of Jammu and

Kashmir to consider and decide the case of the petitioner within a period

of eight weeks from the date of service of certified copy of the judgment

of this Court. Certified copy of the said judgment came to be notified by

the Director, Tourism, Jammu to the Secretary to Govt., Tourism

Department, Union Territory of Jammu and Kashmir vide

communication no. DTJ/Reg/405-06 dated 13.04.2022. It is now more

than six months in running that the petitioner is still struggling to have

his case considered and decided by the Secretary to Govt., Tourism

Department, Union Territory of Jammu and Kashmir.

3. The reason for the petitioner to approach this Court with the present

contempt petition is that the non-action/inaction on the part of the

respondent herein presently serving as Secretary to Govt., Tourism

Department, Jammu is amounting to wilful and intentional

disobedience/defiance of the directions of this Court.

4. Prima facie case for notice to the respondent is made out.

5. Issue notice to the respondent for statement of facts and compliance

report within a period of four weeks.

6. Petitioner to furnish registered postal covers for effecting service within a

period of seven days whereupon the Registry to issue notice to the

respondent. List the matter on 21.11.2022.

(Rahul Bharti) Judge

JAMMU 06.10.2022 NARESH

CM Nos.1278 & 1279/2021