Karamat Ullah Malik vs Ajaz Asad Commissioner Secretary To ...
2025 Latest Caselaw 1363 J&K

Jammu & Kashmir High Court

Karamat Ullah Malik vs Ajaz Asad Commissioner Secretary To ... on 18 August, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                   Serial No. 34


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU

Case:- CCP(S) No.364/2024

Karamat Ullah Malik
                                     .....Appellant(s)/Petitioner(s)

             Through: Mr. Koshal Parihar, Advocate

            Vs

Ajaz Asad Commissioner Secretary to Govt.
Rural Development Department & Ors.
                                                .....Respondent(s)

             Through: Mr. S. S. Nanda, Sr. AAG


Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                            ORDER

(18.08.2025)

1. Compliance report has not been filed by the

respondents. Learned counsel for the respondents

has submitted that the respondents are proposing to file

a review petition against the order whereby the LPA

against the order of the Writ Court, has been

dismissed.

2. The respondents have a right to take re-course to legal

remedies but unless the judgment of the Writ Court is

stayed by some superior forum, the present contempt

proceedings cannot be deferred. As long as the order of

the Writ Court is in force the respondents are bound to

comply with the same. Therefore, in absence of any

stay order from any superior forum, the respondents

cannot avoid implementation of judgment of the Writ

Court. Since they have not complied with the same, as

such, a direction is issued to respondents No.2,

Principal Secretary to the Government, Finance

Department and respondent No.3, District Development

Commissioner, Rajouri to appear in person on next

date of hearing through virtual/physical mode and

explain as to why judgment of the Writ Court is not

being implemented.

3. List on 26.09.2025.

4. Copy of this order be sent to respondents No.2 & 3 for

information and compliance.

(SANJAY DHAR) JUDGE JAMMU 18.08.2025 Sneha