Sayyed Monis Basheer vs Ut Of Jammu And Kashmir And Others
2023 Latest Caselaw 435 j&K

                                                                       Sr. No. 14

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU


                                                     WP(C) 523/2023

Sayyed Monis Basheer                                              ..... petitioner (s)

                                Through :- Mr. S.K.Bhat Advocate.

                          V/s

UT of Jammu and Kashmir and others                               .....Respondent(s)

                                Through :-

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


                                    ORDER

1 The petitioner, in this petition, essentially seeks a mandamus to the respondents to comply with the judgment passed by this Court on 18.12.2020 in WP(C) No.1983/2020. I am afraid such petition is not maintainable. The petitioner, if aggrieved of non-compliance or disobedience of the judgment passed by this Court, is free to invoke the contempt jurisdiction of this Court alleging such violation against the respondents.

2 The grievance of the petitioner is that two years have passed since the judgment was rendered in the matter on 08.12.2020 and, therefore, he may have even lost the remedy of filing the contempt petition. In the given facts and circumstances and having regard to the nature of controversy, I am of the view that, so long as the judgment passed by this Court remains un-complied with, it is a recurring cause of action to come to the Court. This petition, however, is not maintainable and the same is, accordingly, dismissed, leaving it open to the petitioner to avail of appropriate remedy.

                                                        (SANJEEV KUMAR)
                                                             JUDGE
Jammu
06.03.2023
Sanjeev                          Whether order is speaking:Yes