Bhumesh Sharma vs Piyush Singla Commissioner ...
2023 Latest Caselaw 1032 j&K

                                                                    Sr. No.48
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                               CCP(S) No. 363/2022

Bhumesh Sharma                                       .....Appellant(s)/Petitioner(s)


                       Through: Mr. Z.A Shah, Sr. Advocate with
                                Proxy counsel.


                  Vs


Piyush Singla Commissioner Secretary                            ..... Respondent(s)
GAD Jammu

                       Through: Mr. Raman Sharma, AAG



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

                                     ORDER

19.05.2023 The present contempt petition has been preferred against the

order/judgment passed by this Court way back on 07.02.2017 passed in SWP

No. 2140/2015 which has been upheld by the Division Bench of this Court vide

order dated 19.10.2022 passed in LPASW No. 183/2017.

In spite of availing last and final opportunity of four weeks,

compliance report has not been filed. However, Mr. Raman Sharma, learned

AAG has apprised the Court that the State has preferred SLP which is time

barred and is accompanied by condonation of delay application before the Apex

Court which has been diarized and has not been listed so far. He also submits

that he is not aware of the date of listing of the SLP. It is settled preposition of

law that mere filing of SLP which has yet to be listed and in which delay has yet

to be condoned will not give the right to the respondents not to implement the

order/judgment passed by this Court and accordingly, learned counsel for the

respondents is directed to file fresh compliance report strictly in terms of order

passed by this Court dated 07.02.2017 which is upheld by the Division Bench of

this Court.

Let fresh compliance report be filed complying the judgment and let

the said compliance be subject to outcome of SLP which has been preferred by

the State.

List on 02.06.2023.

(Wasim Sadiq Nargal) Judge

Jammu 19.05.2023 Tarun