Amanullah Khan vs Shailendra Kumar (Ias)
2024 Latest Caselaw 200 j&K

Jammu & Kashmir High Court

Amanullah Khan vs Shailendra Kumar (Ias) on 21 February, 2024

                                                                         Sr. No. 33



         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          ATJAMMU

                                                 CCP(S) No. 49/2022 in
                                                 WP(C) No. 1644/2021
                                                 CM No. 1519/2023


Amanullah Khan, age 56 years,                                      .....Petitioner(s)
S/O Late Nawab Khan,
R/O Govt. Degree College, Doda,
Tehsil and District Doda.

                          Through :- Mr. N. A Gattoo, Advocate


                          v/s

     1. Shailendra Kumar (IAS)                                   .....Respondent(s)
        Principal Secretary to PWD(R&B) Department,
        UT of J&K, Civil Secretariat, Jammu/Srinagar.
     2. Manzoor Ahmed, Chief Engineer,
        PWD(R&B) Department, Jammu
     3. Nasir Hussain Zargar, Superintendent Engineer,
        PWD(R&B) Department, Doda.
     4. Mohd Ayoub, Executive Engineer,
        PWD(R&B) Department, Doda.
     5. Zakir Hussain, Assistant Executive Engineer
        PWD(R&B) Department, Doda.

                          Through :- Mr. Ravinder Gupta, AAG


CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE

                                 JUDGMENT

21.02.2024

1. The petitioner through the medium of this petition seeks initiating of

contempt proceedings against respondents allegedly having violated the

order dated 17.08.2021 passed by this Court in WP(C) No. 1644/2021 titled

Amanullah Khan vs UT of J&K & Ors., wilfully, knowingly and

deliberately.

2. It has been pleaded that the petitioner had been allotted certain works for

restoration of some roads in PWD (R&B) Special Sub-Division Doda by

the respondents, however, despite having executed the works, the

respondents had withheld the payment of Rs.36.41 lakhs, which had been

admitted by them, for the reasons that due to paucity of funds, the liability

could not be discharged.

3. It has been further pleaded that the petitioner preferred WP(C) No.

1644/2021 titled "Amanullah Khan vs UT of J&K & Ors" and this Court

vide order dated 17.08.2021 disposed of the petition with a direction to the

respondents to consider the claim of the petitioner for release of the

admitted liability payable for the works done as per his entitlement in

accordance with the contract within a period of eight weeks.

4. The petitioner alleges that respondents despite aforesaid directions passed

by this Court had not complied with the order wilfully and deliberately and

have thus committed contempt of this Court in which they are required to

be punished.

5. Pursuant to notice, the respondents filed compliance report asserting

therein that compliance of the order could not be made initially for paucity

of funds, however, on receiving the funds, the respondents have passed the

bills for payment and submitted the same to District Treasury Doda during

the month of November/December, 2023 and have annexed copies of

different treasury vouchers for perusal. It has been pleaded that the

respondents being responsible officers have all the regards for the Court

orders and with the submission of the bills in District Treasury Doda, the

respondents have already complied with the Court order dated 17.08.2021

passed in WP(C) No. 1644/2021 titled "Amanullah Khan vs UT of J&K &

Ors".

6. Learned counsel for the petitioner submits that for the last two/three

months, he has lost contact with the petitioner and seeks adjournment to

report instructions. Learned counsel for the respondents, on the other hand

has submitted that in view of the admitted claims having been cleared by

the respondents and bills forwarded to the District Treasury Doda for

payment, this petition requires to be given quietus as no relief survives in

this petition and prayed that the petition be disposed of and proceedings

initiated against the respondents be dropped.

7. Since the respondents have admitted that an amount of Rs.36.41 lakhs as an

admitted liability towards the petitioner has been cleared and bills in this

regard have already been passed and forwarded to the District Treasury

Doda for clearance, in the considered opinion of this court, this contempt

petition does not require any further proceedings and is ordered to be

closed. However, it is provided that in case any cause survives to the

petitioner, he shall be at liberty to approach this Court afresh.

(M A Chowdhary) Judge JAMMU 21.02.2024 Vijay

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No