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Jammu & Kashmir High Court

Kuldeep Singh vs Masrat Alam And Others on 15 July, 2024

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                                                                   Sr. No. 108

                           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                           AT JAMMU

                                                                                   CCP(S) No. 258/2023 in
                                                                                    WP(C) No. 1215/2023

                      Kuldeep Singh                                              .... Petitioner/Appellant(s)

                                                    Through:-     Mr. Irfaan Khan, Advocate.

                                              V/s

                      Masrat Alam and others                                               .....Respondent(s)

                                                    Through:-     Ms. Aparna Gupta, Advocate vice
                                                                  Mrs. Monika Kohli, Sr. AAG.
                      CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                           ORDER

15.07.2024

01. Proceedings in this contempt petition have been initiated by the petitioner for non-compliance of order dated 12.05.2023 passed by this Court in case titled 'Kuldeep Singh vs. UT of J&K and others' bearing WP(C) No. 1215/2023. The writ petition was disposed of with the following directions:

"Having regard to the nature of the controversy involved in the petition, coupled with the submissions made by counsel for the petitioner, the instant petition is disposed of with a direction to the official respondents to accord consideration to the case of the petitioner having regard to the provisions of Act and under Rules supra.
Let a decision in this regard be taken by the official respondents within two weeks' from the date a copy of this order is produced by the petitioner before respondent No. 2.
It is made clear that the decision be taken in the matter uninfluenced by any observations made by this Court."

02. The respondents, in their statement of facts, have submitted that in compliance to order dated 12.05.2023, they have passed a speaking order bearing No. DCR/ARA/order/48-50, dated 17.08.2023, stating therein that Michal Sharma I attest to the accuracy and authenticity of this document.

Jammu

15.07.2024 16:14 CCP(S) No. 258/2023 Page 2 of 2

the claim of the petitioner has been considered on merits, and it was determined that it lacks merit. The appointment order of respondent No. 5 was issued temporarily for six months, with necessary resolutions from the local public and authorities. The petitioner did not submit any application or resolution in favor of his appointment as Lambardar for village Kalimasta, therefore, the petitioner is not entitled to the position and may participate in future elections for Lambardar in the village.

03. In this view of the above, the order dated 12.05.2023 passed by this Court stands complied. Proceedings in this contempt petition are, accordingly, closed.

04. The petitioner is, however, at liberty to assail the Order No. DCR/ARA/order/48-50, dated 17.08.2023, if so advised.

(Sindhu Sharma) Judge Jammu:

15.07.2024 Michal Sharma/PS Michal Sharma I attest to the accuracy and authenticity of this document.
Jammu 15.07.2024 16:14