Aftab Ahmad Allaie vs Sh. Syed Jaffer And Others
2025 Latest Caselaw 1147 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Aftab Ahmad Allaie vs Sh. Syed Jaffer And Others on 23 May, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                     Sr. No. 8
                                                                     Regular List

                IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                   AT SRINAGAR

                                               CPOWP 488/2016

                AFTAB AHMAD ALLAIE                                  ...PETITIONER(S)

                Through: - Mr. M. Ayoub Bhat, Advocate with
                           Ms Mahajabeena, Advocate


                                                        Vs.

                SH. SYED JAFFER AND OTHERS.                        ...RESPONDENT(S)

                Through:- Mr. Jahangeer Ahmad Dar, GA


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

                                                     ORDER

23.05.2025

1. The instant petition was filed by the petitioner to

entertain the instant contempt proceedings against the wilful

disobedience and non-compliance on an interim order dated 15th

December, 2015, passed by a learned Single Bench of this Court

in OWP No. 327/2015.

2. The writ petition was subsequently disposed of finally

vide an order and judgment dated 17th February, 2022, passed

by a Division Bench of this Court, whereby a direction was

issued to the respondents to consider the case of the petitioner

for regularization in tune with the scheme of law and in lieu of

his proprietary land, which is utilized for the purpose of water

reservoir. While disposing of the writ petition the Division bench

also disposed of CPOWP No. 488/2016 with the liberty to the

petitioner to review the contempt petition in case the final

judgment dated 17th February, 2022, passed in OWP No.

327/2015 is not complied with.

3. It seems that in view of the failure of the respondents to

comply with the judgment, the contempt petition CPOWP No.

488/2016 has been reviewed vide order dated 5th June, 2024.

The reviewed contempt petition, as is seen from its perusal

continues to be the contempt petition alleging violation of

interim order.

4. With a view to set the record straight and having regard

to the directions passed by the Division Bench of this Court on

17th February, 2022, while disposing of the CPOWP No.

488/2016, this contempt petition shall be deemed to be a

contempt petition alleging violation of the final order dated 17th

February, 2022.

5. In view of the clarification made above, the respondents

are given one more opportunity of six weeks' to comply with the

final judgment dated 17th February, 2022, failing which this

Court would be constrained to take coercive measures for

implementation of the judgment.

6. List again on 18.07.2025.

                                       (SANJAY PARIHAR)          (SANJEEV KUMAR)
                                           JUDGE                       JUDGE
                Srinagar,

                23.05.2025
                "Mir Arif"