Irshad Ahmed vs M. Raju
2023 Latest Caselaw 2393 j&K

                                                                           Sr. No.47


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
Case: CCP(S) No.657/2019




Irshad Ahmed                                                    .....Petitioner(s)


                      Through: Mr. Asmat Ullah, Advocate.

                 Vs


M. Raju, MD JKPCC Ltd. and ors.                               ..... Respondent(s)

                      Through: Ms Pallvi Sharma, Advocate vice
                               Mr. Ravinder Gupta, AAG.


Coram:
          HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                                   ORDER

30.10.2023 Instant petition has been filed alleging non compliance of order dated

31.12.2018 whereby petition was disposed of with a direction to the respondents

to release an amount of Rs.1.72 lacs due to the petitioner within a period of six

weeks.

The compliance report has been filed on 21.12.2022. A speaking order

dated 12.12.2022 has also been placed on record whereby it is stated that the

order/judgment could not be implemented because of lack of funds.

Though the order/judgment was passed on 31.12.2018, but till date

respondents have failed to comply with the said order/judgment stating that

JKPCC Ltd. has been merged with PWD department in year 2023, as such,

respondents are unable to release the funds as being directed by this Court in

terms of order dated 31.12.2018. The stand taken by learned counsel for the

respondents is not tenable in the eyes of law.

In the interest of justice, respondents are directed to appear in person

along with record on the next date of hearing.

List on 15.11.2023.

( Moksha Khajuria Kazmi ) Judge

Jammu 30.10.2023 Narinder