Bashir Ahmad Khanday And Ors vs Mr. Bhupinder Kumar And Anr
2022 Latest Caselaw 1766 j&K/2

                                                                       S. No.83
                                                                       Regular list
     IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR

                                    CCP(S) 522/2019

    BASHIR AHMAD KHANDAY AND ORS                                  ...Petitioner(s)

   Through: None

                                          Vs
   MR. BHUPINDER KUMAR AND ANR                                    ...Respondent(s)

   Through: Mr. Rais Ud Din Ganaie, Dy. AG

   CORAM:
    HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                      ORDER

13.10.2022

Instant contempt petition has been filed for alleged non-compliance of

the order dated 10.04.2019 passed in writ petition bearing SWP No.

1889/2016 whereby the writ petition has been disposed of in the following

terms:

Writ petition, in view of stand taken by learned counsel for parties, is disposed of with a direction to respondents to consider the case of petitioners in light of averments made in writ petition, annexures appended thereto, particularly judgment dated 6th December 2018, in SWP no.750/2010, titled Shabir Ahmad Pir and others v. State and others, provided the same is applicable to petitioners and of course rules occupying the field. Let such consideration be accorded and a decision taken in the matter within a period of two months from the date certified copy of this order along with complete set of paper book is served upon respondents.

A similar direction was also passed in another identical writ petition

bearing No. SWP No. 682/2019, the petitioners of the said writ petition had

also filed a contempt petition bearing No. CCP(S) 521/2019, wherein the

respondents have filed compliance report accompanied with a consideration

order by virtue of which claim of the petitioners has been rejected.

Since the subject matter of both the cases is same and both are arising

out of a similar order, therefore, the consideration order bearing No.

DHSK/Legal/Amt-636/C-120/Pul-381/C-119/422-441 dated 13.09.2022

would also cover the claim of the petitioners herein. The claim of the

petitioners, as such, is treated to have been rejected in terms of the

consideration order supra.

In view of the above, the contempt proceedings cannot proceed further

and are, accordingly, closed.

However, the petitioners are at liberty to challenge the consideration

order passed by the respondents by availing appropriate remedy.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 13.10.2022 AAMIR