Marlene Jhan And Ors vs Dheeraj Gupta And Ors
2023 Latest Caselaw 659 j&K/2

                                                          S. No. 15
                                                          Suppl. Cause List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                          CCP(S) No. 230/2022
                         In OWP No. 1159/2018

Marlene Jhan and Ors.                            ...Appellant/Petitioner(s)

Through: Ms Sharaf Wani, Advocate
                                   Vs.

Dheeraj Gupta and Ors.                                    ...Respondent(s)

Through: Mr. Mohsin Qadiri, Sr. AAG
         Mr. Moomin Khan, Advocate
CORAM:
 HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
                               ORDER

26.05.2023

1. Through the medium of this contempt petition, the petitioner is seeking initiation of contempt proceedings against the respondents for willful disobedience of order dated 27.06.2018, passed by a Bench of this Court in OWP No. 1159/2018, CM No. 01/2018, whereby respondents were directed to maintain status quo on the spot with a further stipulation to respondent no.3 to ensure compliance to the said order.

2. It is submitted by learned counsel for the petitioners that main petition has been reserved for judgment.

3. Respondents have filed statement of facts, wherein it is stated that there was no willful or deliberate violation of status quo order, and minor repairs effected by Executive Engineer, SMC and Assistant Executive Engineer, SMC had been undertaken by them in absence of knowledge of the order dated 27.06.2018, as also the fact that the said officials were not party respondents in the writ petition. It is reiterated that as soon as the respondents gained the knowledge of the status quo order, the necessary verbal directions were issued to stop the construction activities, and since then, status quo order on spot is being maintained in letter and spirit, awaiting for the final judgment and order in the clubbed matters.

CCP(S) No. 230/2022 In OWP No. 1159/2018

4. In view of statement of facts and taking into account the fact that the main petition has been reserved for the judgment, therefore, proceedings are dropped and contempt petition is closed. However, petitioners are at liberty to seek revival of the same after decision is taken in the main matter, if cause survives.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 26.05.2023 Manzoor