Jehangir Ahmad Khan vs R. K. Goyal And Anr
2025 Latest Caselaw 164 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Jehangir Ahmad Khan vs R. K. Goyal And Anr on 14 May, 2025

                                                      S. No. 106
                                                      Regular Cause List
    IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                              CCP(S) 316/2023 in
                               [OWP 2058/2015]

JEHANGIR AHMAD KHAN                                    ...Appellant/Petitioner(s)

Through: Mr. Riyaz Ahmad Khan, Adv.

                                     Vs.
R. K. GOYAL AND ANR.                                            ...Respondent(s)

Through: Mr. Mohsin Qadiri, Sr. AAG with
         Ms. Nadiya, Adv.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                   ORDER

14.05.2025

1. At request of learned counsel for the petitioner, the matter is taken out of turn in the light of the urgency expressed.

2. It has been brought to the notice of this court by the learned counsel for the petitioner that the LPA No. 238/2023 preferred by the State against the order, which is sought to be complied with, has already been dismissed vide order/judgment dated 09.06.2023 with the following observation:

"For the above stated reasons, this writ petition is disposed of

along with connected IAs with a direction to the respondent-UT to pay

an amount of Rs. 10.00 lacs (Rupees Ten lacs) as compensation to the

petitioner. This amount shall be paid to him within four weeks from

the date copy of this order is served on the respondent-UT of J&K and

Ors."

3. The compliance report stands filed on behalf of respondent No. 2 on 04.04.2025. Learned counsel appearing for the petitioner further submits that in pursuance to the dismissal of the LPA preferred by the State, out of Rs.10.75 lacs (ten lacs and seventy five thousand), Rs. 5.00 lacs (five lacs) has already been paid and rest of the amount till date has not been paid inspite of the dismissal of the LPA.

4. The record further reveals that by virtue of order dated 26.03.2025, Mr. Hakim Aman Ali, learned Dy. AG has been directed to deposit the rest of the balance amount of Rs. 5.00 lacs (five lacs) before the Registry of this court within three weeks from the date of passing of the aforesaid order, which till date has not been complied with as per the learned counsel for the petitioner.

5. Confronted with the same, Mr. Mohsin Qadiri, learned Sr. AAG has been requested to cause appearance on behalf of the respondents. The order passed by this court dated 26.03.2025 has not been complied with, and even the order/judgment passed by this court dated 09.06.2023 which has been upheld by the Division Bench, has also not been complied with, in its letter and spirit and thus, the respondents in the instant contempt petition are prima facie in contempt.

6. Before proceeding further in the matter, this court deems it proper to grant week's time to the respondents to deposit the balance amount of Rs. 5.00 lacs (five lacs) before the Registry of this Court. The ex-gratia amount of Rs.70,000 (seventy thousand) has already been paid and only Rs. 5.00 lacs (five lacs) amount is required to be paid by the respondents. Let the balance amount be deposited before the Registrar Judicial of this Court within one week positively, failing which this court will be constrained to initiate coercive measures against the respondents.

7. List on 30th May, 2025.

(WASIM SADIQ NARGAL) JUDGE

SRINAGAR 14.05.2025 Sakeena