Jammu & Kashmir High Court
Dev Raj Age 61 Years vs Shaleen Kabra on 7 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 02
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP (D) No. 22/2025 in
WP(C) No. 2139/2021
CM No. 6425/2025
Dev Raj Age 61 years .....Petitioner(s)
S/o Sh. Dessu
R/o Manchan Tehsil and District Doda
Through: Mr. P.D. Singh, Advocate.
Vs
1. Shaleen Kabra ..... Respondent(s)
Commissioner/Secretary,
Public Health Engineering Department,
Civil Secretariat, Jammu.
2. Er. Vikas Sharma
Chief Engineer PHE Jammu.
3. Er. Sunil Gandotra
Executive Engineer (Hyd) Circle Doda.
4. Er. Sudesh Kumar
Executive Engineer PHE Division Doda.
Through: Ms. Sagira Jaffar, Advocate vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
07.10.2025
1. The instant application has been filed by the applicant, seeking exemption
from personal appearance and extension of time for filing compliance report in
terms of order dated 08.09.2025.
2. For the reasons stated in the application coupled with the submissions made at
the Bar, the same is allowed and applicant is exempted from personal appearance for
the time being. Time for filing compliance report in terms of order dated 08.09.2025
is also extended by three weeks.
3. The application is, accordingly, disposed of.
4. Vide order dated 08.09.2025, this Court while granting last and final
opportunity of four weeks to the respondents to comply with the judgment, also
provided that in case, the judgment is not complied with within a period of three
weeks and the compliance report is not filed by the next date of hearing, the
Administrative Secretary, Department of Jal Shakti, shall appear in person either
physically or through virtual mode.
5. Today, when the case was taken up for consideration, our attention was drawn
by learned counsel appearing for the respondents to an application for exemption
filed by Mr. Shaleen Kabra, Commissioner/Secretary, Public Health Engineering,
Civil Secretariat, Jammu, seeking personal exemption on twin grounds.
6. It is submitted that since the respondents have already approached the Hon'ble
Supreme Court by way of an SLP to challenge the judgment of this Court, as such, a
consideration may be deferred and secondly that due to medical emergency, it has
not been possible for the concerned Commissioner Secretary to appear even through
virtual mode.
7. Needless to say that the judgment passed by this Court on 04.12.2024 is yet to
be complied with and the belated attempt to file an SLP cannot be an excuse not to
implement the judgment.
8. Unless, there is an intervention made by the Hon'ble Supreme Court, the
respondents are bound to implement the judgment and the order that may be passed,
in implementation, may remain subject to the outcome of an SLP, if any, filed by the
respondents. However, having regard to the fact that the respondent has not been
able to appear through virtual mode because of some medical emergency, we are
deferring the consideration of this matter.
9. The respondents shall comply with the judgment passed by this Court in letter
and spirit and submit a compliance report unless, of course, there is stay of the
judgment by the Hon'ble Supreme Court.
10. We reiterate that in case the needful is not done by the next date, the
Administrative Secretary concerned shall appear either in person or through virtual
mode positively on the next date of hearing without any excuse.
11. List on 04.11.2025.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
Jammu
07.10.2025
Diksha
