Jammu & Kashmir High Court - Srinagar Bench
Vivek Bhardwaj & Ors vs Robkar on 13 February, 2023
Bench: Rajnesh Oswal, Mohan Lal
S. No. 44
Supplementary List
HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 14/2023
Vivek Bhardwaj & Ors. ...Petitioner(s)/Appellant(s)
Through: Ms Asifa Padroo, AAG.
Vs.
Robkar ...Respondent(s)
Through:
CORAM:HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
13.02.2023 (OSWAL-J):
1. The Appellants are aggrieved of the Order dated 21.12.2022, whereby the learned Writ Court in a Contempt Petition had directed the Mission Director NHRM, J & K, to appear in person to explain as to why the order has not been complied with in its letter and spirit.
2. It is stated that the Appellants had complied the order but the learned single Judge has wrongly held that the compliance report is not in tune with the order passed by the Writ Court.
3. Ms. Asifa Padroo, learned AAG, vehemently argued that this Appeal is maintainable as the learned single Judge has directed the Appellants to comply with the directions which were not part of the judgment that was sought to be complied with.
4. Heard and perused the record.
5. The Order dated 21.12.2022, is reproduced as under:
Compliance report has been filed, which is not in tune with the order passed and the directions, which were required to be complied with.
Respondent/contemnor (Mission Director, NHM, J & K) has to appear in person to explain as to why order has not been complied with in letter and spirit. Mr Irfan, Dy. AG submits that respondent would appear before the Court on the next date of hearing. Mr. Andleeb, Dy. AG is permitted to produce the respondent before the Court on 07.02.2023.
6. The perusal of the order impugned reveals that the learned single Judge has observed that the compliance report is not in tune with the order passed. Further Mission Director, NHM, J & K , has been directed to appear in person to explain as to why the order has not been complied with in its letter and spirit.
7. It is not forthcoming from the order impugned that any directions beyond the scope of the order that was sought to be complied with, has been issued by the learned single Judge. The Appellants are well within the right to demonstrate before the learned single Judge, that the order has been complied with by the Appellants in its letter and spirit.
8. In view of the fact that there is nothing on record to demonstrate that certain directions beyond the scope of the order that was sought to be complied with, in the contempt petition, have been issued to the Appellants, as such, we are of the considered view that this intra Court Appeal is not maintainable.
9. In view of the above, the present appeal is misconceived and the same is dismissed.
(MOHAN LAL) (RAJNESH OSWAL)
JUDGE JUDGE
SRINAGAR
13.02.2023
Hilal Ahmad