Mohammad Shafi Makhdoomi And Anr vs Nayeem Khan And Ors
2025 Latest Caselaw 1149 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Shafi Makhdoomi And Anr vs Nayeem Khan And Ors on 23 May, 2025

                                                                   Serial No. 6
                                                                   Regular List
       IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                           CCP(D) No. 29/2021

Mohammad Shafi Makhdoomi and Anr.                               ...Petitioner(s)

Through: Mr. Shakir Haqani, Advocate
                                     Vs.

Nayeem Khan and Ors.                                           ...Respondent(s)



Through: Ms Nadia Abdullah, AC, vice Mr. Mohsin Qadiri, Sr. AAG.

CORAM:
        HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
                                  ORDER

23.05.2025

1. The record reveals that by virtue of Order dated 9th May, 2025,

one week's time was granted to learned counsel for the

respondents to file compliance report. It was made clear that in

case the Order/Judgment dated 29th March, 2021, passed in OWP

No. 886/2013 is not complied with on or before the date fixed in

the matter, in that eventuality, the respondent no. 3 was to remain

present through virtual mode in the first instance.

2. Today, when the instant case was taken up in the Pre-Lunch

Session, it has been brought to the notice of this Court by Mr.

Shakir Haqani, learned counsel appearing for the petitioners, that

Order dated 9th May, 2025, has not been complied with and,

accordingly, the case was passed over for the time being and was

directed to be taken up after the Break. Thereafter, when the case

was taken up in the Post-Lunch Session, Mr. Umer Gulzar,

Assistant Commissioner, who was personally present virtually on behalf of the respondents, submits that he has recently taken over

the charge of Assistant Commissioner, Revenue, in the Department

and whatever was required to do on his part, has already been

done. He further submits that the Order/Judgment passed by this

Court is required to be complied with by the Collector, Land

Acquisition PWD, Srinagar.

3. Thus, in the light of the statement made by Mr. Umer Gulzar,

Assistant Commissioner, Revenue, this Court deems it proper to

array Mr. Sandeep Bhali, [Collector Land Acquisition, PWD],

Srinagar, as party respondent on the oral request of Mr. Shakir

Haqani, in the instant contempt petition, on whose behalf, Ms

Nadia Abdullah has caused appearance. She seeks one weeks' time

to file fresh compliance strictly in tune with the Order passed by

this Court on 29th May, 2025 on his behalf. It is made clear that in

case Order/Judgment is not complied with on or before the next

date of hearing, then the newly added respondent i.e., Collector

Land Acquisition PWD, Srinagar, shall remain present through

virtual mode in the first instance.

4. The presence of Assistant Commissioner, Revenue, is dispensed

with for the time being.

5. List on 6th June, 2025.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR:

23.05.2025 "Shamim Dar"