Vidhya Sager Sharma And Ors vs Zaheer Ahmed Kaifi
2024 Latest Caselaw 2035 j&K

Jammu & Kashmir High Court

Vidhya Sager Sharma And Ors vs Zaheer Ahmed Kaifi on 7 October, 2024

Bench: Sanjeev Kumar, Sanjay Dhar

                                                                     Sr. No.   3
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


Case: CCP (D) NO. 34/2023
Vidhya Sager Sharma and ors.                          ...Petitioner(s)/Appellant(s)

                      Through: Mr. Ravi Abrol, Advocate.

                                   V/s

Zaheer Ahmed Kaifi.                                                 .... Respondent(s)

                      Through:     Ms. Monika Kohli, Sr. AAG.


CORAM:          HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                 ORDER

07.10.2024

01. In terms of order dated 13th September 2024, the status report dated 26th

September 2024 has been filed by the Assistant Commissioner Revenue, Poonch,

in which it is indicated that so far as the principal amount and the interest for the

land owned by the petitioners is concerned, same has been disbursed, however,

an amount of ₹ 8,28,000/- on account of Shamilat Deh land has not been released

and is said to have been deposited in the Registry of this Court.

02. It is submitted by learned counsel for the respondent that an amount of

₹ 8,28,000/- on account of Shamilat Deh land could not be released in favour of

the petitioners as the same is in respect of impartible Shamilat Deh land claimed

by the petitioners.

03. We have gone through the judgment which is allegedly not complied by

the respondent and find that this issue was raised before the Division Bench

specifically but the same was rejected on the ground that no such objection was

taken by the respondent before the Collector before passing of the award when

the authorities had the opportunity to do so.

04. In view of the aforesaid, we, in the exercise of contempt jurisdiction,

cannot adjudicate this issue once again.

05. Since the amount of ₹ 8,28,000/- has already been deposited in the

Registry and the entitlement of the petitioners to the said land is not disputed

rather affirmed by the Division Bench, as such we direct the amount deposited be

released in favour of the petitioners upon proper verification etc. and the

respondent shall also calculate the interest payable to the petitioners on the said

amount in terms of order dated 9th September 2023 and deposit the same before

the Registry by or before the next date.

List on 27th November 2024.

                                         (SANJAY DHAR)             (SANJEEV KUMAR)
                                                JUDGE                        JUDGE
           Jammu
           07.10.2024
           Sunita/PS