Mohan Lal vs Rakesh Gupta And Others
2023 Latest Caselaw 994 j&K

                                                                        Sr. No. 7



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU

                                                CPSW No. 217/2012


Mohan Lal                                              ....Petitioner/Appellant(s)

                     Through :- Mr. M. P. Sharma, Advocate


         V/s

Rakesh Gupta and others                                        ....Respondent(s)

                 Through :-      Mr. Amit Gupta, AAG

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

                                      ORDER

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

20.09.2022 has been upheld by the Division Bench of this Court as well as Apex

Court of the Country and therefore respondents have no other objection but to

implement the same in its letter and spirit. This Court vide order dated

20.09.2022 has observed that the Commissioner/Secretary to Government,

Forest Department, UT of J&K is in recurring contempt and on the assurance

given by the said contemnor, one final opportunity was granted to him to comply

with order dated 17.04.2012 in its letter and spirit by filing compliance report on

or before 20.10.2022 and in the light of the assurance extended by the said

contemnor, his personal appearance was also exempted. The said

respondent/contemnor instead of complying with the order/judgment passed by

this Court in its letter and spirit has filed appeal against the aforesaid order

before the Division Bench of this Court which came to be dismissed and even

the SLP preferred against the aforesaid order also met the same fate.

Today, when the case was taken up, Mr. Amit Gupta, learned AAG

appearing on behalf of the respondents assures the Court that the order/judgment

passed by this Court will be implemented in its letter and spirit and, accordingly,

he seeks a week's time to come up with the final compliance report/order, failing

which, the present incumbent, Mr. Dheeraj Gupta, Commissioner/Secretary to

Government, Forest Department, UT of J&K shall remain present in person

before this Court along with record.

Fresh compliance report which has been filed by the respondents is not in

tune with the judgment passed by this Court and the same is rejected.

List on 24.05.2023 with liberty to the parties to make mention.

(Wasim Sadiq Nargal) Judge Jammu:

17.05.2023 Meenakshi