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High Court of Jammu and Kashmir · body

2014 DAILYLAW 555 (JK)

DR.M.L.HASHIA AND ORS. v. SARITA CHOUHAN,SECY.SHEEP HUSBDY.AND ORS

CPSW/50/2014 · 2026-01-27

Sanjay Dhar

Contempt Petitionbody2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CPSW No.50/2014 Dr. M.L. Hashia & Ors. …..Petitioner(s) Through: None. Vs Sarita Chouhan & Ors. .….Respondent(s) Through: Mr. Suneel Malhotra, GA Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (27.01.2026) 1. None for the petitioners. 2. Through the medium of present petition, the petitioners are seeking implementation of order dated 20.05.2013 passed by writ court, whereby the respondents are directed to consider the claim of the petitioners, if found eligible and to pass appropriate orders. It was further directed that while considering the claim of the petitioners, the respondents shall take note of the observations made in order dated 08.12.2003 passed in SWP No.2272/2003. 3. It seems that the respondents have accorded consideration to the claim of the petitioners whereafter they have passed consideration order bearing Government Order No.37-ASH of 2014 dated 05.03.2014 whereby claims of the petitioners and some other similarly situated persons, who Serial No. 28 2 CPSW No.50/2014 had filed writ petitions before this Court, have been rejected. 4. It appears that the contempt petition arising out of SWP No.2594/2011 stands dismissed by this Court on the ground that upon passing of consideration order, the contempt proceedings do not survive and the petitioners have been given option of challenging the said consideration order by way of an appropriate proceeding. 5. The record further shows that the petitioners, after the passing of consideration order, filed a supplementary affidavit before this Court claiming therein that the consideration order has not taken into account the factual and legal position. 6. The question whether the consideration order is factually and legally correct cannot be a subject matter of determination in these proceedings. If at all the petitioners have any grievance against the legality of the consideration order, it is open to them to challenge the same by way of separate proceedings. 7. Once the consideration order has been passed by the respondents pursuant to the order of the writ court, the said order stands complied with and, as such, the contempt proceedings do not survive. The petition is, accordingly, dismissed, leaving it open to the petitioners 3 CPSW No.50/2014 to challenge the consideration order by way of appropriate proceedings. (SANJAY DHAR) JUDGE JAMMU 27.01.2026 Sneha -