In Wp(C) No. 580/2023 vs Ayushi Sudan & Ors
2023 Latest Caselaw 1251 j&K/2

                                                                  Serial No.148
                                                             Supplementary 1 Causelist

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                           CCP(S) No. 418/2023
                          In WP(C) No. 580/2023
Mustafa Bashir Bhat.
                                                                 ..... Petitioner(s)
Through:     Mr. M.A. Wani, Advocate.

                             V/s

Ayushi Sudan & Ors.
                                                               .....Respondent(s)
Through:     Mr. Satinder Singh Kala, AAG.

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

                                   ORDER

04.10.2023

The instant contempt petition has been preferred by the petitioner for seeking implementation of judgment dated 18th March 2023, passed in writ petition being WP(C) No. 580/2023, in terms whereof, the writ petition was disposed of with the consent of the learned counsel appearing for the parties, with a direction to the respondents to accord effective consideration to the claim of the petitioner as lodged in the petition expeditiously and preferably within a period of eight weeks from the date copy of the order along with copy of the petition and annexures are produced by the petitioner before the respondents

Mr. M.A. Wani, the learned counsel appearing on behalf of petitioner with a view to fortify his claim, has referred to Communication dated 29th April 2023 addressed by the Joint Director Planning (CPO), Kupwara, to the Assistant Commissioner Development, Kupwara, whereby a request has been made to the Assistant Commissioner Development, to release balance amount of Rs. 6.10 lacs in favour of the petitioner against the work done claim, which was followed by another communication dated 4 th May 2023, addressed by the Assistant Commissioner (Dev), Kupwara to the Executive Engineer REW, Kupwara, whereby request has been made for release of the balance amount in favour of the petitioner.

The learned counsel appearing on behalf of petitioner submits that in spite of the fact that the judgment passed by this Court is in active knowledge of the respondents, the respondents are turning deaf ear and have not taken any steps in furtherance of the implementation of the judgment passed by this Court.

On the asking of the Court, Mr. Satinder Singh Kala, the learned Additional Advocate General has caused his appearance on behalf of the respondents and assures the Court that the order/judgment passed by this Court will be implemented in its letter and spirit.

The instant contempt petition is disposed of at this stage by directing the respondents to comply the judgment dated 18 th March 2023 passed by this Court in writ petition being WP(C) No. 580/2023, by according consideration to the claim of the petitioner as preferred in the writ petition and take a decision thereon, within a period of four weeks from the date copy of this Order along with copy of contempt petition and the writ petition are made available to the respondents. It is made clear that while according consideration to the case of the petitioner, the respondents shall give due weightage to the communication dated 29th April 2023 and 4th May 2023 mentioned supra. The order of consideration which is likely to be passed, be provided to the petitioner through registered post. It is made clear that in the event the judgement passed by this Court is not complied, within the aforesaid period, the petitioner shall be at liberty to seek revival of the contempt petition and in that eventuality, the Court will be constrained to take coercive measures against the respondents.

Contempt petition shall stand disposed of.

(Wasim Sadiq Nargal) Judge SRINAGAR:

4.10.2023 "Hamid"