Sanjay Tagotra vs Ajeet Kumar Sahu Secy. Deptt. Of ...
2022 Latest Caselaw 1532 j&K

                                                                     Sr.No. 02



               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                   CCP (S) No. 433/2019
                                                   CM No. 6169/2022

Sanjay Tagotra                                             ....Petitioner/Appellant(s)

                   Through :- Mr. Humza Hussaini, Advocate

         V/s

Ajeet Kumar Sahu Secy. Deptt. Of P.H.E,                             ....Respondent(s)
Irrigation and Flood Control and Ors.

                   Through :- Mr. R.S Jamwal, AAG
                              Mr. K.D.S. Kotwal, Dy. AG

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

                                    ORDER

29.10.2022

CM No. 6169/2022

This is an application for recalling the order dated 21.09.2022 passed

by this Court and grant of exemption from the personal appearance of respondent

No. 2.

For the reasons stated in the application coupled with the submissions

made by the applicant, the application is allowed. Accordingly, the personal

presence of the Commissioner/Secretary to the Government, Department of

Finance-respondent No.2 is dispensed with for the time being.

Application is disposed of.

CCP (S) No. 433/2019

The judgment passed by this Court dated 30.10.2018 still awaits

compliance. In the statement of facts filed by the respondents, it is clearly

admitted that sum of Rs 4,12,145/- is payable to the petitioner. They have further

submitted that the said amount could not be disbursed to the petitioner due to

non-availability of requisite funds. The Executive Engineer, Irrigation Division-

II, Jammu claims to have taken up the matter with the administrative department

for seeking financial concurrence but nothing has been heard from the

administrative department. The Chief Engineer, Irrigation and Flood Control

Department and the Executive Engineer, Irrigation Division-II, Jammu appearing

in person in the Court assure this Court that the needful will be done and the

amount disbursed by the next date positively.

On the request of Mr. R.S. Jamwal, AAG and the officers appearing in

person, the time to comply with the judgment is extended by six weeks. It is

made clear in case the judgment is not complied by the next date, the

Commissioner Secretary to the Government Department of Irrigation, The Chief

Engineer - Irrigation Department and The Executive Engineer, Irrigation

Department Division-II, Jammu shall all appear in person to answer the charge

of contempt.

List on 23.12.2022.

(Sanjeev Kumar) Judge

Jammu:

29.10.2022 Neha-1