Neelam Sharma vs Zubair Ahmad
2023 Latest Caselaw 1117 j&K

                                                                 Sr. No. 1 & 2


              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU


                                                 CM Nos. 3094/2023 & 3095/2023
                                                 in CPSW No. 43/2019.



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

                  Through :- Mr. Vivek Sudan, Advocate.


        V/s

Zubair Ahmad,                                                ....Respondent(s)
Chairman Service Selection Board,
Jammu and anr.
                  Through :-
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                    ORDER

29.05.2023 CM Nos. 3094/2023 & 3095/2023

Contempt petition filed by the petitioner/applicant came to be

closed by this Court in terms of an order dated 23.04.2021 after perusing

the compliance report filed in the case. This Court, on the basis of its

reading of the compliance report, came to hold that the consideration as

directed in terms of the writ Court order/judgment had come to be accorded

by the respondents and as such no further proceedings were required to be

carried out in the contempt petition and thus deemed it fit to be closed.

Whether or not the consideration so accorded in terms of the compliance

report was in tune with the directions of the writ Court order/judgment to

the liking of the petitioner/applicant is not to be seen as if the

petitioner/applicant is entitled to come up with the present two applications

for seeking restoration of the contempt petition-CPSW no. 43/2019.

2 CM Nos. 3094/2023 & 3095/2023 in CPSW No. 43/2019.

The contempt petition-CPSW no. 43/2019 was not dismissed for

non-prosecution/non-appearance of the counsel for the petitioner/applicant

but on the basis of the compliance report filed, perused by the Court and

considering the compliance report sufficient to warrant closure of the

contempt petition as such the present applications-CM nos. 3094/2023 &

3095/2023 are misconceived and accordingly dismissed. The petitioner

has the remedy of challenging the said compliance report by way of filing a

fresh writ petition in case if the petitioner/applicant is so advised in case the

delay and laches will not come in the way of the petitioner/applicant to file

the fresh writ petition against the compliance report.

(RAHUL BHARTI) JUDGE

JAMMU 29.05.2023 NARESH/PS