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High Court of Jammu and Kashmir · body

2021 DAILYLAW 868 (JK)

MUSHTAQ AHMAD WANI AND ORS v. MR. B. B. VYAS CHIEF SEC. TO STATE OF JKAND ORS

CPSW/605/2017 · 2026-08-11

Sanjay Dhar

Contempt Petitionbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.14 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 284/2021 in[SWP 1936/2016] c/w i) CPSW 605/2017 CM(3861/2019) ii) CCP(S) 103/2021 MUSHTAQ AHMAD WANI AND ORS. …..Petitioner(s) Through:- Mr. Molvi Aijaz, Advocate and Mr. Sajad, Advocate V/s ARUN KUMAR MEHTA CHIEF SECRETARY TO THE UNION TERRITORY OF J AND K AND ORS … ..Respondent(s) Through : Mr.Faheem Nisar Shah, GA and Mohammad Younis, Assisting Counsel CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 11.08.2026 CPSW No.605/2017:- The instant contempt petition arises out of interim order dated 09.12.2016 passed in SWP No.1936/2016. The main writ petition has been disposed of by the Writ Court in terms of judgment dated 09.12.2020. Thus, the interim order has merged with the final judgment passed by the Writ Court. The Contempt proceedings, as such, do not survive. The petition is, accordingly, disposed of. CCP(S) No.284/2021:- Through the medium of present contempt petition the petitioners are seeking initiation of proceedings for criminal contempt against the respondents. On 08.07.2021, notice for filing statement of facts was issued to the respondents and besides this Government Order No.49-ASH of 2021 dated 01.03.2021 to the extent of transfer of assets to Sheep Husbandry Department was stayed. The aforesaid order came to be challenged by the respondents by way of LPA No.105/2021. Vide order dated 27.09.2021 passed by the LPA Bench, the impugned order dated 08.07.2021 has been kept in abeyance. The said order is stated to be still subsisting. Therefore, no further proceedings can be taken in the present contempt petition. The proceedings are accordingly deferred till the disposal of LPA No.105/2021. CCP(S) No.103/2021:- This contempt petition arises out of order dated 09.12.2020 passed in SWP No.1936/2016 by the Writ Court, whereby the respondents were directed to release service/pensionary benefits of the petitioners after the viability of the Board is assessed by the Committee to be constituted for the purpose by the Government. It has been submitted by learned counsel for the respondents that the aforesaid judgment has been challenged by the respondents by way of an LPA and that LPA is listed before the Division Bench on 24.09.2026. The proceedings in this petition are, therefore, deferred and it is provided that in case the respondents are unable to get a restraint order against the judgment of the Writ Court, they shall file compliance report by next date of hearing. List this contempt petition on 30.09.2026. (SANJAY DHAR) JUDGE SRINAGAR 11.08.2026 Sarveeda Nissar Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No