Jammu & Kashmir High Court
Bimal Jeet Singh vs Amar Singh And Another on 17 October, 2025
Sr. No. 02
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPOWP No. 9/2007 in
OWP No. 135/2004
Bimal Jeet Singh .....Appellant(s)/Petitioner(s)
Through: Mr. A. K. Sharma, Advocate
Petitioner is present in person
Vs
Amar Singh and another ..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG
Mr. Nirmal K. Kotwal, Sr. Advocate with
Assisting Counsel
Mr. N. A. Choudhary, Advocate
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
17.10.2025
1. This court vide order dated 10.10.2025 has in the light of the assurance
extended and the statement made before this Court by the respondent
No.1-Colonel Shiv Choudhary (Chairman, Sainik Cooperative House
Building Society Ltd., Jammu) and respondent No. 2-Mr. Ratan Lal
(Secretary, Sainik Cooperative House Building Society Ltd., Jammu),
deferred the contempt proceedings for today with the direction that the
respondents shall come up with the final compliance of order/judgment
passed by this Court, failing which, both the respondents were directed to
remain present and in that eventuality it has been made clear that the
court will be constrained to frame rule against the said respondents.
2. Today, when the instant contempt petition was taken up both the
respondents are present in person on whose behalf Mr. Nirmal K. Kotwal,
learned Senior counsel has caused appearance and he has projected
practical difficulty in carrying out the directions passed by this Court way
back in 2006 for which the instant contempt petition has been preferred.
3. Mr. Nirmal K Kotwal, fairly submits that the matter regarding allotment
of Plot which was initially required to be handed over to the petitioner
ultimately landed before the Division Bench of this Court in an LPA
preferred by Haji Gulam Mustafa in which the Hon'ble Division Bench in
LPA No. 2/2011 along with clubbed LPA No. 18/2010 has disposed of the
said appeal with the following observations:
"However, we make it clear that since the appellant has
suffered a decree as early as on 24.1.2003 by which except to
the extent of 04 Kanals in Khasra No. 775 min in village
Sunjwaan, the society's ownership in respect of even 330
Kanals and one marla of land was decreed and which decree
has also become final and conclusive operating against the
appellant, who has no right to interfere with the right of the
society to remain in possession of the land to the extent of
330 Kanals and one marla in the said Khasra number.
Therefore, the direction of the learned judge to the society to
ensure handing over possession of that plot of land in plot
No. C-730/3 in Sector C, Sainik Colony, Jammu to be handed
over to 5th respondent and further direction to the official
authority to render all assistance to the appellant to enable
the society to handed the said possession to the 5 th
respondent cannot be interfered with.
In order to ensure proper implementation of the said
direction, we only direct the revenue authority to ensure that
the society is put in possession of 330 Kanals and one marla
of land in Khasra No. 775 main situated in village Sunjwan
within which plot No. C-730/3 in Sector C, Sainik Colony,
Jammu stated to be lying and consequently direct the society
to handover possession of the said plot to the 5th respondent.
This order shall not , however, in any w2ay affect the right of
the appellant in respect of 04 Kanals of land in that very
Khasra No. 775 min in village Sunjwaan. To make it more
clear, we state the even the order of status quo dated
7.10.2010 passed by the civil Court in favour of the appellant
shall stand restricted to the said extent of four Kanals of land
in Khasra No. 775 min situated in village Sunjwaan and not
beyond the said extent and in particular not to disturb the
right of the society in respect of the land to the extent of 330
Kanals and one marla of land in that very Khasra No. 775
min. The interim order(s) pending in these appeals stand
vacated. The Divisional Commissioner/Sr. Superintendent of
Police, Jammu to comply with the direction of the learned
judge based on the observations as contained in this order."
4. The direction passed by the Hon'ble Division Bench till date has not been
implemented in its letter and spirit and this aspect of the matter was noted
by this Court in the instant contempt petition vide order dated 21.10.2024
whereby the court was of the view that though the judgment was passed
with the consent of the learned counsel for the parties yet the Court in
LPA mentioned (supra) had already directed Haji Gulam Mustafa to
vacate the piece of land. The said direction has not been implemented by
Divisional Commissioner, Jammu and SSP, Jammu as they have not taken
any steps to get the plot vacated by the encroacher and his son Haji Wali
Mohd. The Coordinate Bench of this Court in the instant contempt
proceedings vide order dated 21.10.2025 directed the SSP, Jammu to
appear in person along with the official of the Sainik colony.
5. Primarily, the concern of this Court is to see that the basic order/judgment
passed by this Court dated 13.03.2006 is implemented in its letter and
spirit and also the directions passed by the Hon'ble Division Bench is
implemented in its letter and spirit which though is not the subject matter
of the instant contempt petition, yet the implementation of the same has a
direct bearing upon the instant contempt.
6. Thus, in the peculiar facts and circumstance of the case, this Court deems
it proper to direct the Divisional Commissioner, Jammu and SSP, Jammu
to come up with the final compliance of the direction passed by the
Division Bench of this Court in LPA No. 2/2011 along with clubbed
matters mentioned (supra). The compliance of the writ Court order in the
instant contempt petition will be contingent upon the compliance of the
LPA order passed by the Division Bench.
7. Thus, this court, keeping in view the fact that the instant contempt petition
is pending before this court since 2007 and the judgment was earned by
the petitioner way back in 2006, deems it proper to direct the Divisional
Commissioner, Jammu and the SSP, Jammu to come up with the final
compliance of the order passed by the Division Bench in LPA No. 2/2011
along with clubbed matters and also the order dated 13.03.2006 passed by
the learned writ court, within four weeks, positively.
8. It is further made clear that while complying the directions passed in the
instant contempt petition in case the said respondents intend to hear the
petitioner or other stakeholders, the same can be done by notifying the
date in advance so that the directions passed by this court is carried out in
its letter and spirit and the decision is taken before the date fixed.
9. Personal presence of respondent Nos. 1 & 2 is dispensed with for the time
being till further orders.
10. List this matter on 19.11.2025.
(Wasim Sadiq Nargal)
Judge
Jammu
17.10.2025
Nikhil
