Jammu & Kashmir High Court - Srinagar Bench
High Court Of Jammu & Kashmir And ... vs Through: Mr. Ileyas Laway on 13 April, 2023
Regular
S. No. 3
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 624/2021 in [OWP 736/2012]
CM (8598/2021)
Zamruda Muzaffar
... Petitioner/Appellant(s)
Through: Mr. Salih Pirzada, Advocate
V/s
Shailendra Kumar and others
Through: Mr. Ileyas Laway, GA
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
13-04-2023
In the instant contempt petition, vide order dated 4.4.2023 the contemnor
respondent 2, Chief Engineer PW (R&B) department, Kashmir, as also Collector
PWD (Additional Deputy Commissioner, Srinagar) were directed to appear in person
along with record of the case after the court noticed that the respondents have shown
total disrespect to the judgment dated 5.6.2013 passed in the writ petition of the
petitioner. The Collector PWD (Additional Deputy Commissioner, Srinagar) was
impleaded as party contemnor in the contempt petition after a statement was made by
the counsel for the respondents/ contemnors that the amount of compensation of Rs.
36.00 lakhs payable to the petitioner stands authorized by the competent authority to
the Chief Engineer PW (R&B) department, Kashmir, to be placed at the disposal of
Collector PWD (Additional Deputy Commissioner, Srinagar) for disbursement to the
petitioner.
Upon coming up the matter for consideration today, taken out of turn at the
request of counsel for the respondents, in terms of the circular no. 1 of 2023/RG dated
7.4.2023 issued by the Hon'ble Chief Justice, letter dated 11.4.2023 came to be
produced by the counsel for the respondents, addressed by Executive Engineer PWD
(R&B) Division Chadoora to Collector Land Acquisition, Budgam, accompanied with
the treasury voucher indicating therein that the demand of Rs. 36.00 lakhs stands
transferred to the account of Collector Land Acquisition, Budgam vide TR no. 98
dated 28.3.2023 in respect of the case of the petitioner. It is being stated by the
counsel for the respondents that instead of Collector PWD (Additional Deputy
CCP(S) 624/2021 in [OWP 736/2012] Page - 2
Commissioner, Srinagar), it is the Collector Land Acquisition, Budgam, who is the
concerned competent authority at whose disposal the aforesaid amount of
compensation stands kept by the respondents contemnors. Letter dated 11.4.2023
accompanied with treasury voucher produced by counsel for the respondents is taken
on record.
In view of the aforesaid position, the Collector Land Acquisition, Budgam, is
substituted as respondent contemnor in place of Collector PWD (Additional Deputy
Commissioner, Srinagar). Registry to make necessary corrections in the cause title of
the contempt petition accordingly.
Mr. Ileyas Laway, GA appearing counsel for the respondents would submit that
on account of having deposited the amount before Collector Land Acquisition,
Budgam, the petitioner has to approach the Collector Land Acquisition, Budgam, for
disbursement of the amount of Rs. 36.00 lakhs. Be that as it may, the consideration of
the contempt petition is deferred by two weeks enabling the petitioner to approach the
Collector Land Acquisition, Budgam, in connection with the compliance of the
judgment dated 5.6.2013.
List on 10.5.2023.
The personal appearance of contemnor respondent 2, who is present in person
today, shall stand dispensed with for the time being.
Registry to convey the order to the counsel for the respondents as also to the
respondents for compliance.
(JAVED IQBAL WANI)
JUDGE
Srinagar
13-04-2023
N Ahmad
