High Court Of Jammu & Kashmir And ... vs Athar Amir Khan
2022 Latest Caselaw 1566 j&K/2

                                                                  S. No.06
                                                                  ADVANCE LIST


   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR
                                                       CCP (S) No. 239/2021 in
                                                        WP (C ) No. 1054/2020.
      Mohammad Amin Shah & Anr ( Sr. Citizen)
                                                              ...Petitioner(s)
             Through:     Mr. Shuja ul Haq , Advocate.

                                        VERSUS
      Athar Amir Khan..

                                                        ...Respondent(s)
             Through:     Ms. Uzma Mehraj, Advocate vice
                          Mr. Moomin Khan, Advocate.

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

                                   ORDER

15.09.2022 This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of the Order dated 16th

of July 2020, passed in WP (C ) No. 1054/2020, whereby this Court while

disposing of the writ petition had directed the Srinagar Municipal Corporation to

give an opportunity of hearing to the petitioners and pass fresh orders.

On being put to notice, the respondents have filed statement of facts in

which stand taken by the respondents is that case of the petitioners could not be

considered afresh in the light of the directions passed by this Court due to the

non-cooperation of the petitioners. It is submitted that petitioners were called to

appear vide Notice dated 20th of May, 2022 before the Joint Commissioner (P)

Srinagar Municipal Corporation on 24th May 2022 at 3:00 PM, but the petitioners

failed to turn up and, therefore, the matter could not be considered.

Be that as it may. The fact remains that the judgment passed by this Court

is yet to be complied with by the respondents. With a view to comply with the

judgement, the petitioners are directed to appear before the Joint Commissioner

(P), Srinagar Municipal Corporation on 21st September, 2022 along with their

written submissions and the documentary evidence, if any, required to be

produced by them. The Joint Commissioner (P) Srinagar Municipal Corporation,

shall hear the petitioners and consider the material placed before him and take

appropriate decision in terms of the judgement passed by this Court and place the

same on record by or before next date of hearing.

List on 12.10.2022.

(Sanjeev Kumar) Judge SRINAGAR 15.09.2022 Showkat