Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Mr Manzoor Ahmad Lone & Ors on 30 December, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 283
Supplementary-1 List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
CCP No.02/2020 in
CCP(S) No.458/2019 c/w
CCP(S) No.458/2019
ROBKAR
..... Petitioner(s)
Through: -
Mr Syed Faisal Qadri, Senior Advocate with
Ms Jasiya Ali, Advocate.
V/s
Mr Manzoor Ahmad Lone & Ors.
..... Respondent(s)
Through: -
Mr B. A. Dar, Sr. AAG Respondents 2 and 3 present in person.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 30.12.2020 By order dated, this Court directed as under:
".....
From the aforesaid factual position, a sad and sordid state of affairs is evident to the naked eye. It is very painful to notice that despite strenuous efforts made by the petitioner with regard to his legally sustainable claim, as held by this Court in multiple rounds of litigation, the petitioner has not been able to reap the benefits of the said litigation. Seemingly, there is no sincere endeavour/effort made by the respondents to ensure that the orders passed by the Court in this case are factually and actually implemented. Mere issuance of order by the Director, Agriculture, Kashmir, which order is not even implemented by his subordinate Officer, does not, in any manner, amount to implementation of the orders passed by this Court from time to time. That being so, the respondents, prima facie, are found to have committed contempt of Court and, therefore, the Registry is directed to frame rule against the respondents to show cause as to why they shall not be punished for committing contempt of Court.TAHIR MANZOOR BHAT 2020.12.30 14:45 I attest to the accuracy and integrity of this document Page 2 of 3
CCP 02/2020 in CCP(S) No. 458/2019 c/w CCP(S) No.458/2019 Apart from the above, it is also directed that all the respondents, besides submitting the compliance by or before the next date of hearing, shall also remain present in person before the Court on each hearing day of the case till the contempt proceedings are taken to their logical conclusion.
List on 30th of December, 2020 in the 'Daily Supplementary Cause List'.
It is made clear that in the event the respondents fail to appear before this Court on the next date of hearing, the Court shall have no other option, but to have recourse to coercive measures for securing the presence of the respondents before the Court.
Registry to forthwith send a copy of this order to the respondents for information and compliance."
Today, when the matter came up for consideration, Mr B. A. Dar, the learned Senior Additional Advocate General, submits that he has already filed the compliance report on behalf of the respondents before the Registry, however, same is not available on the file.
Registry to verify the aforesaid statement of the learned Senior Additional Advocate General and attach the copy of the Compliance Report, if any filed, alongwith the records of this file. In the event, the Registry is not in a position to trace the Compliance Report filed by the respondents, it shall seek a fresh copy from Mr Dar and attach the same with the records of this file, besides sending a copy thereof to the learned counsel for the petitioner, by the next date of hearing, who shall be at liberty to file response thereto.
List on 16th of February, 2021.
Meanwhile, the officers present in the Court, when asked, submit that they have already implemented the order subject matter of the Contempt TAHIR MANZOOR BHAT 2020.12.30 14:45 I attest to the accuracy and integrity of this document Page 3 of 3 CCP 02/2020 in CCP(S) No. 458/2019 c/w CCP(S) No.458/2019 petition by allowing the petitioner to join his duties in the office of the respondent No.4-Mushroom Development Officer, Anantnag.
Respondents, besides filing a report in relation to allowing the petitioner to join and payment of wages/ salary thereof to him, shall remain present in person before the Court on the next date of hearing as well.
(Ali Mohammad Magrey) Judge SRINAGAR December 30th, 2020 "TAHIR"
TAHIR MANZOOR BHAT 2020.12.30 14:45 I attest to the accuracy and integrity of this document