Narinder Kumar vs Zubair Ahmed ...
2023 Latest Caselaw 1663 j&K

                                                                 Sr.No. 40


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU

                                                         CCP(S) No. 314/2021

Narinder Kumar                                                  ....Petitioner (s)
                   Through :- Ms. Surinder Kour, Sr. Advocate with
                              Ms. Manpreet Kour, Advocate

        V/s
Zubair Ahmed Commissioner/Secretary                                ....Respondent(s)
Food Civil Supplies and Consumer Affairs
Department and ors. .
                  Through :- Mr. Eishan Dadhichi, GA

Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                   ORDER

18.08.2023

This Court vide order dated 16.06.2023 has issued bailable warrants to

the tune of Rs. 25,000/- against the respondents to be executed through SSP

concerned in the light of the fact that vide order dated 18.03.2023, the

respondents were directed to file the fresh compliance report but neither the

same was filed nor the respondents were present on 16.06.2023.

Today, when the case was taken up, all the four respondents namely

Sh. Zubair Ahmed, Commissioner/Secretary to Government Food Civil Supplies

& Consumer Affairs Department, Government of Union Territory of J&K, Civil

Secretariat, Jammu, Dr. Naseem Javaid Chowdhary, Director, Food Civil

Supplies & Consumer Affairs Department, Jammu, Sh. Haroon Rashid Naik,

Assistant Director, FCS & CA, Kathua, and Sh. Rajeewan Singh, Tehsil Supply

Officer, FCS & CA, Bani, District Kathua were present in person.

It has been brought to the notice of this Court that by virtue of order

dated 18.03.2023, Mr. R.S Jamwal, learned AAG appearing vice Mr. Eishan

Dadhichi, learned GA was granted two weeks' time to file latest status report and

the matter was directed to be listed on 10.04.2023. The case could not be taken

up on the said date and accordingly, adjourned to 28.04.2023. The matter was

further adjourned to 31.07.2023 and in the meantime, an application came to be

preferred by the learned counsel for the petitioner for preponement of the date

and, accordingly, the case was preponed to 16.06.2023.

Mr. Zubair Ahmed, Commissioner/Secretary to Government Food

Civil Supplies & Consumer Affairs Department, Government of Union Territory

of J&K, Civil Secretariat, Jammu, who is present in person submits that the

reason for his non-appearance was that he was not aware of preponement of the

date fixed in the case i.e. 16.06.2023 which led to passing of the order dated

16.06.2023 by virtue of which the bailable warrants came to be issued for non-

appearance and also for not filing the compliance report. The assertion of Mr.

Zubair Ahmed, seems to be factually correct as he was taken by surprise with

respect to the preponement and listing of the case. He further submits that he has

not been informed by his Lawyer with respect to the preponment/listing of the

case at an early date and was taken by surprise. According to him, this was

precisely the reason which led to passing of the order dated 16.06.2023. He seeks

exemption and recalling of the order passed by this Court dated 16.06.2023.

He further assures the Court that the order/judgment which is sought to

be complied with, will be implemented in its letter and spirit within six weeks by

getting the necessary financial concurrence from the Finance Department during

this intervening period and the admitted liability of the petitioner will be released

in favour of the petitioner within the aforesaid period positively.

Accordingly, six weeks' last and final opportunity is granted to the

respondents to file fresh compliance report with respect to the release of

admitted amount in favour of the petitioner with an advance copy to learned

counsel for the petitioner.

The personal appearance of respondents/contemnors is dispensed with

for the time being. It is, however, made clear that in case the order is not

complied with and the needful is not done within the aforesaid period,

respondent Nos. 1 & 2 shall remain present in person before the Court on the

next date of hearing.

List on 04.10.2023.

(WASIM SADIQ NARGAL) JUDGE Jammu:

18.08.2023 Tarun