Jammu & Kashmir High Court
Abdul Aziz vs Suresh Kumar Gupta & Ors on 13 October, 2025
Serial No.30
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP(S) No. 388/2024
In WP(C) No. 924/2023
Abdul Aziz .....Appellant(s)/Petitioner(s)
Through: Mr. R.K. Jain, Sr. Advocate with
Mr. Paramveer Singh, Advocate.
Vs
Suresh Kumar Gupta & Ors. ..... Respondent(s)
Through: Mr. Pawan Dev Singh, Dy. AG.
Mr. Ravinder Gupta, AAG.
Mrs. Monika Kohli, Sr. AAG.
CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(13.10.2025)
01. In the light of statement of facts filed on behalf of respondent Nos. 4&5,
respondents have admitted that an amount of Rs. 12.50 lacs is being
payable to the petitioner. Accordingly, the concerned Executive Engineer,
P.W.D (R&B), Division, Ramban, who is present in person, has filed a
personal affidavit in pursuant to the order passed by this Court dated
30.09.2025 (Copy of which has been provided to this Court and the same
has been taken on record) reveals that the total work done liability
pertaining to the petitioner/contractor amounts to Rs. 12.50 lacs, out of
which Rs. 6.25 lacs have already been deposited before the Registry of this
Court and the balance amount of Rs. 6.25 lacs remain pending.
02. In the aforesaid backdrop, the concerned Executive Engineer has issued
latest communication dated 24.09.2025 to the concerned Chief Education
Officer, Ramban followed by another communication dated 09.10.2025
whereby, a request has been made to release the balance funds amounting
to Rs. 6.25 lacs with a view to settle the outstanding liability of the
petitioner in compliance to the directions passed by this Court.
03. However, the Chief Education Officer, Ramban, Mohd. Sultan Khan, who
is present in person submits that he has already communicated in this
regard to the concerned District Development Commissioner, Ramban for
the release of the due, admitted liability through the medium of various
communications, but till date, same has not been done with the result that
the order/judgment passed by this Court could not been complied with in
toto.
04. In the personal affidavit, filed by the concerned Chief Education Officer,
Ramban (copy of which has been provided to this Court and the same has
been taken on record), various communications though have been referred
but the same have not been placed on record while filling the said
affidavit.
05. Be that as it may, the balance amount as per the Chief Education Officer,
Ramban, is required to be released by the concerned District Development
Commissioner, Ramban.
06. On the oral request of learned counsel for the petitioner, Mr. Mohammad
Alyas Khan, The District Development Commissioner, Ramban is
substituted as party respondent No. 2 in the instant contempt petition and
on whose behalf Mrs. Monika Kohli, learned Sr. AAG has caused
appearance. She seeks and is granted two weeks' time to file compliance
report on behalf of respondent No. 2.
07. Let the balance amount to the tune of Rs. Rs. 6.25 lacs be released by
respondent No. 2 within one week in compliance to order passed by this
Court and subject to the release of the said amount, same be deposited
before the Registry of this Court within two weeks.
08. Bailable warrants are recalled and personal presence of both the officers is
dispensed with.
09. List on 14.11.2025.
(WASIM SADIQ NARGAL)
JUDGE
Jammu
13.10.2025
Renu
