Dina Nath and Others v. Rajeev Rajan Commissioner Secretary, Revenue Department, Jammu and Others

ORDER

17.09.2025

¶01The instant contempt petition arises out of an order/judgment dated

24.04.2024 whereby, the learned writ Court after considering the submissions made by learned counsel for the parties disposed of the writ petition by directing the respondent/Collector to proceed on the indent made to it by the Indenting Department and the respondents were further directed to complete the proceedings of acquisition by passing the award expeditiously preferably within a period of six months from the date copy of the aforesaid order was made available to the respondent concerned by the petitioners.

¶02Since the aforesaid order was not complied with within the time granted by this Court, the instant contempt petition was preferred in which notice was issued on 28.04.2025. Sr. No. 22 2 | P a g e CCP(S) No. 137/2025 IN

¶03Statement of facts stand filed on behalf of the respondent Nos. 1 to 3. Learned counsel for respondent Nos. 4 to 6 submits that since the direction was issued only to respondent Nos. 1 to 3, they are necessary parties in the instant contempt petition and respondent Nos. 4 to 6 are liable to be struck from the array of respondents.

¶04From a bare perusal of statement of facts filed on behalf of respondent Nos. 1 to 3, it is apparent that Collector initiated the land acquisition proceedings on the indent placed by Executive Engineer PWD (R&B) Division, Ramban dated 04.08.2008 and, accordingly, Tehsildar Batote has been asked vide communication dated 16.05.2024 to prepare the revenue papers in triplicate after conducting joint visit with Forest and Horticulture Departments in consultation with the Indenting Department.

¶05Pursuant thereto, Tehsildar Batote has prepared the revenue papers in triplicate and submitted the same to the Office of Collector Land Acquisition on

03.01.2025 for land measuring 18 kanals 2 marlas coming under the alignment of road from Sanasar to Sana upto Karmagali (1km).

¶06Thereafter, as per the stand taken by the respondents, revenue papers were forwarded to Executive Engineer PWD(R&B) vide communication dated

03.03.2025 for its authentication. After the authentication by the department, the Collectorate vide notification dated 27.03.2025 has issued notification under Section 4(1) of Jammu and Kashmir State Land Acquisition Act, whereby, objections have been called from the interested persons for proposed acquisition. 3 | P a g e CCP(S) No. 137/2025 IN

¶07Thereafter, the Collector vide communication dated 31.07.2025 has submitted the entire acquisition case to the District Collector Ramban for issuance of notification under Sections 6, 7 & 17 of the J&K State Land Acquisition Act. The concerned Deputy Commissioner, Ramban, thereafter, has submitted the case to the Divisional Commissioner, Jammu for issuance of notification under Sections 6, 7 & 17 by the Administrative Department, which is evident from bare perusal of communication issued by Deputy Commissioner to Divisional Commissioner dated 18.08.2025.

¶08Thus, in light of stand taken by the respondents, it has come to fore that they are in the process of finalizing the acquisition proceedings. Accordingly, learned counsel for respondent Nos. 1 to 3 seeks one month's time to comply with the order/judgment dated 24.04.2024 in toto.

¶09In the aforesaid backdrop, this Court in the light of the stand taken by the respondents is of the view that respondents have acted in furtherance of the order/judgment dated 24.04.2024 passed by this Court, recognizing that it is a time-consuming process. Considering the peculiar facts and circumstances of the case, this Court deems it proper to grant two months further time to the learned counsel for the respondents to come up with the final compliance of the order/judgment dated 24.04.2024 passed by this Court.

¶10In light of the fresh direction passed by this court, no fruitful purpose will be served to keep this contempt petition alive and, accordingly, proceedings in the instant contempt petition are closed. Rule, if any, shall stand discharged. 4 | P a g e CCP(S) No. 137/2025 IN

¶11It is made clear that in case aforesaid order/judgment dated 24.04.2024 is not complied within the extended period of two months mentioned hereinabove, petitioner will be at liberty to revive the instant contempt petition and in that eventuality, this Court will be constrained to initiate coercive measures against the respondents.

¶12Disposed of, accordingly.

(WASIM SADIQ NARGAL)

JUDGE

JAMMU

17.09.2025 Mihul

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CCP(S) No. 137/2025 IN Dina Nath and Ors. ..... Petitioner(s)/Appellant(s) Through :- Mr. O.S. Bandral, Advocate Vs Rajeev Rajan Commissioner Secretary, Revenue Department, Jammu and Ors. .....Respondent(s) Through :- Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG for R- 1 to 3 Mr. Ravinder Gupta, AAG for R- 4 to 6 CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE