Mohammad Altaf Khan and Ors v. Bhupinder Kumar Commr/Secty (P.W.D.) and Ors

ORDER

07.05.2025

¶1The instant contempt petition arises out of the order/judgment passed by this court dated 19.02.2024 by virtue of which a direction was issued to the respondents to accord consideration to the claims of the petitioner in accordance with the rules governing the field and the said consideration order was required to be passed within three months from the date copy of the aforesaid order with complete paper book was served upon the respondents. Since the order passed by this court was not complied with, the petitioner was constrained to file the instant contempt petition in which notice was issued way back in the year 2024.

¶2The detailed statement of facts have been filed on behalf of the respondents in which the respondents have taken a specific stand that the case of the petitioner has been accorded due consideration in terms of the order passed by this court and a detailed consideration order has been issued on

21.01.2025 by virtue of which the respondents have taken a stand that insofar as respondents 2 and 3 are concerned, the order stands complied with and no further action is required on behalf of the respondent-corporation in view of the process of merger of the Corporation with PW R&B Department.

¶3Thus in the light of the detailed consideration order passed by the respondents 2 and 3 dated 20.01.2025, the steps are required to be taken by the respondent no. 1 to comply the aforesaid order, on whose behalf Ms. Rahila, learned counsel has appeared. She assures the court that the order/judgment passed by this court mentioned supra shall be complied with within a period of two weeks positively.

¶4In the light of the assurance extended by learned counsel appearing on behalf of respondent No. 1, no fruitful purpose would be served to keep this contempt petition alive and accordingly, respondent No. 1 is directed to implement the order/judgment passed by this court dated 19.02.2024 within a period of two weeks and pass detailed consideration order after according due consideration to the claims of the petitioner in accordance with law and rules governing the field as has already been directed by this court. The detailed consideration order be forwarded to the petitioner through registered post.

¶5Accordingly, in the aforesaid backdrop, the proceedings in the instant contempt petition are closed. However, petitioner will be at liberty to revive the instant contempt petition in case the aforesaid order is not complied with, within the period mentioned supra and in that eventuality, coercive measures shall be taken against the respondent No. 1.

(WASIM SADIQ NARGAL)

JUDGE

SRINAGAR

07.05.2025 Sakeena

S. No. 44 Regular Cause List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 491/2024 in [WP(C) 316/2024] MOHAMMAD ALTAF KHAN AND ORS. …Appellant/Petitioner(s) Through: Mr. L. A. Latief, Adv. Vs. BHUPINDER KUMAR COMMR/SECTY (P.W.D.) AND ORS. ...Respondent(s) Through: Mr. Jehangir Dar, GA Ms. Rahila, Adv. vice Mr. A. R. Malik, Sr. AAG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE