Bimal Jeet Singh vs Amar Singh And Another
2024 Latest Caselaw 2168 j&K

Jammu & Kashmir High Court

Bimal Jeet Singh vs Amar Singh And Another on 21 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                              Serial No. 18


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
Case:-    CPOWP No. 9/2007 in
          OWP No. 135/2004

Bimal Jeet Singh                                    .....Appellant(s)/Petitioner(s)

                       Through: Mr. A. K. Sharma, Advocate.
               Vs
Amar Singh and another                                         ..... Respondent(s)

                       Through: Mr. Nirmal Kotwal, Advocate.

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

                                    ORDER

(21.10.2024)

1. In the instant contempt petition, the petitioner herein is seeking

compliance of order dated 13.03.2006 which was passed with the consent of the

parties whereby the respondents-Sainik Cooperative Housing Building Society Ltd.

Sainik Colony, Jammu, was directed to allot alternate plot to the petitioner-Bimal

Jeet Singh within a period of six months and to hand over the possession on

execution of the requisite documents.

2. Learned counsel for the respondents states that the said plot along with

total number of ten plots consisting of approximately 7 kanals comprising in khasra

No. 775, has been forcibly encroached upon by Haji Gulam Mustafa and his son-

Haji Wali Mohd.

3. Statement of facts stands filed by the respondents, it is stated that the

lease deed has been executed with the petitioner herein with respect to plot No. C-

730/3 on 16.09.2006.

4. Mr. Nirmal Kotwal, learned counsel for the respondents states that

despite repeated reminders to the Divisional Commissioner, Jammu, the said plot

could not be vacated by the Cooperative Society till date even after almost 18

years.

5. It is very unfortunate that though the judgment was passed with the

consent of the parties and this Court in LPA No. 2/2001 on 20.08.2001 had already

directed Haji Ghulam Mustafa to vacate the piece of land but till date, the same has

not been vacated by Haji Ghulam Mustafa nor the Divisional Commissioner,

Jammu and Superintendent of Police (SSP), Jammu have taken any steps to get that

plot vacated by the encroacher, namely, Haji Gulam Mustafa and his son-Haji Wali

Mohd.

6. Learned counsel for the respondents has stated that at present there is no

Chairman of the Sainik Cooperative Housing Building Society Ltd. Sainik Colony,

Jammu and, as such, Administrator of the Sainik Cooperative Housing Building

Society Ltd. Sainik Colony, Jammu-Vinay Kumar, (ACR) is dealing with the

Cooperative Society.

7. The Superintendent of Police (SSP), Jammu, Secretary Sainik

Cooperative Housing Building Society Ltd. Sainik Colony, Jammu and

Administrator Sainik Cooperative Housing Building Society Ltd. Sainik Colony,

Jammu-Vinay Kumar are directed to appear before this Court on the next date of

hearing in person or through virtual mode. Registry is directed to provide the link

to the respondents.

8. List on 06.11.2024.

(MOKSHA KHAJURIA KAZMI) JUDGE JAMMU 21.10.2024 Shivalee