Jammu & Kashmir High Court
Bharat Bhushan Khajuria vs Shaleen Kabra Commissioner Secretary on 13 October, 2025
Sr. No. 27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: CCP(S) No. 112/2024 IN
OWP No. 1798/2018
Bharat Bhushan Khajuria ..... Petitioner(s)/Appellant(s)
Through :- Ms. Arsha Sharma, Advocate vice
Mr. Sachin Gupta, Advocate
Vs
Shaleen Kabra Commissioner Secretary .....Respondent(s)
Deptt. of Jal Shakti and Ors.
Through :- Mrs. Monika Kohli, Sr. AAG
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
13.10.2025
01. The instant contempt petition arises out of an order/judgment dated
12.09.2018 passed by this Court in OWP No. 1798/2018, by virtue of which the
writ petition preferred by the petitioner was disposed of with a direction to
respondent no. 2 to make payment of the admitted amount, which was due and
payable to the petitioner within a period of six weeks from the date of receipt of
a certified copy of the order passed by this Court.
02. Pursuant thereto, an application was preferred by the petitioner,
registered as AP OWP No. 324/2018, which was disposed of on 13.10.2023, by
virtue of which the following correction was made in the aforesaid order:-
"The application has been filed by the petitioner seeking correction in the
order dated 12.09.2018 passed in OWP No. 1798/2018 which stands
disposed of by this Court by virtue of the said order. The words
"Restoration/Improvement of channel at Shahpur I-Well (C1, C2, C3)" as
mentioned in para 8 of the present application shall be read for the words
2|Page CCP(S) No. 112/2024 IN
"for restoration of Canal section/Berms/Inspection Road totally damaged
at sports from RD:82570-83490M (RD: 82856M left side and Main Ravi
Canal) (Part A)" in the order dated 12.09.2018. Rest of the order shall
remain same.
The present application is, accordingly, disposed of.
Copy of the order be placed in the disposed of writ petition and nothing be
made in the file."
03. Since the aforesaid order, followed by order dated 13.10.2023, was not
complied with, the instant contempt petition was preferred, in which notice was
issued on 22.04.2024.
04. Respondents have filed a detailed status report on 15.09.2025, in which
they have taken a specific stand that the claims related to the works have already
been examined by Divisional Office. It has been observed that the payment for
Work No. II, namely, Restoration/Improvement of Channel at Shahpur I-Well,
has already been released in favour of the petitioner vide CV No. 158 dated
29.03.2017. However, the claim for Work No. 1, namely, Construction of Pump
Room cum Operator Quarter and D-Tank at Shahpur Tubewell, has been
rejected due to non-compliance with codal formalities and the absence of a
proper tendering process.
05. Respondents have further stated in the status report that the petitioner
has failed to provide any supporting documents or details substantiating the
claim outstanding amount of Rs. 1,35,000/-. In this regard, a detailed speaking
order No. 62-E of 2024-25 dated 11.11.2024, passed by the concerned Executive
Engineer, has been placed on record along with the status report. A bare perusal
of the said speaking order reveals that the petitioner's claim for the pending
payments for the works reflected therein was duly considered and examined in
light of the relevant record but was found devoid of merit, and was accordingly
rejected by the detailed speaking order dated 11.11.2024.
3|Page CCP(S) No. 112/2024 IN
06. In view of the stand taken by the respondents in the status report and the
detailed speaking order, this Court is of the view that the order/judgment dated
12.09.2018 passed by this Court stands complied with, as the order was specific
to the extent of directing the respondents to make payment of the admitted
amount due and payable to the petitioner.
07. Accordingly, proceedings in the instant contempt are closed. Rule, if
any, shall stand discharged. However, dismissal of the instant contempt petition
shall not come in the way of the petitioner to challenge the speaking order
mentioned (supra) by way of appropriate proceedings, if so advised.
08. Disposed of, accordingly.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
13.10.2025
Mihul
