Ajay Kumar vs Nitishwar Kumar
2025 Latest Caselaw 856 J&K

Jammu & Kashmir High Court

Ajay Kumar vs Nitishwar Kumar on 4 February, 2025

                                                                     Sr.No.56


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                  CCP(S) No. 180/2022 in
                                                  OWP No. 306/2012


Ajay Kumar                                                          .... Petitioner(s)

                   Through :- Mr. Sachin Sharma, Advocate.
         V/s
Nitishwar Kumar, Principal Secretary,                              ....Respondent(s)
PDD and Anr.
                   Through :- Ms. Aparna Gupta, Advocate vice
                              Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                    ORDER

04.02.2025 The record reveals that this Court vide order dated 22.12.2023 had

granted one more opportunity to learned counsel for the respondents for filing

compliance report/ statement of facts, failing which, respondent No. 2- Chief

Engineer, PDD/EM&RE, Jammu was directed to remain present in person before

the Court on the date fixed.

Pursuant thereto, the matter was listed before the Court on 22.11.2024 on

which date, it was brought to the notice of the Court that the appeal preferred by

UT of J&K against judgment dated 24.11.2023 was dismissed vide order dated

05.10.2024.

In the aforesaid backdrop, last and final opportunity was granted to the

respondents to comply with the judgment passed by this Court in its letter and

spirit, failing which, both the respondents were directed to remain present in

person before the Court on the next date of hearing. Thereafter, the matter was

listed on 24.12.2024 when the same was adjourned due to paucity of time.

Today, when the instant contempt petition was taken up, it has been

brought to the notice of this Court by Mr. Sachin Sharma that the order till date has

not been complied with inspite of dismissal of the appeal and even the respondents

are not present before the Court.

Confronted with the same, learned counsel for the respondents seeks one

week further time to come up with final compliance of the judgment passed by this

Court in its letter and spirit.

Reluctantly, in the interest of justice, one week time by way of last and

final opportunity is granted to the respondents to come up with final compliance of

the judgment in its letter and spirit, failing which, this Court will be constrained to

initiate coercive measures against the respondents.

It is made clear that in case the judgment is not complied with on or

before the next date of hearing, both the respondents shall appear in person.

Registry to convey this order to both respondents i.e. the Principal

Secretary to Govt. PDD, Civil Secretariat, Jammu and the Chief Engineer,

PDD/EM&RE, Jammu for its immediate compliance.

List on 17.02.2025.

(Wasim Sadiq Nargal) Judge

Jammu:

04.02.2025 Neha-1