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2025 DAILYLAW 13136 (JK)

MOHAMMAD ROUF REHMAN v. HAMIDULLAH BHAWANI

CM(M)/486/2025 · 2025-11-08

Sanjay Dhar

body2025

Judgment text

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30 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 486/2025 CM No. 7295/2025 Mohamad Rouf Rehman ….. Petitioner (s) Through: Mr. Raja Rathore, Adv. V/s Hamidullah Bhawani ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 08.11.2025 1. Through the medium of present petition, the petitioner has challenged order dated 19.10.2025 passed by the learned Civil Judge Sr. Division (Sub Judge) Anantnag whereby a direction has been issued for detention of the petitioner in civil prison for a period of one week for not having satisfied the decree passed by the Lok Adalat on 14.03.2015. 2. Heard and considered. 3. It appears that an award came to be passed by the Lok Adalat organized by the District Legal Services Authority, Anantnag on 14.03.2015 whereby Collector, Land Acquisition, P a g e | 2 CM(M) No. 486/2025 CM No. 7295/2025 Anantnag was directed to pay compensation to the land owners/decree holders at the prevailing rates. It seems that when the award of the Lok Adalat was not satisfied by the judgment debtors, the decree holders approached the learned executing court for execution of the award. It also appears that the petitioner who happens to be judgement debtor No. 4 in the execution petition failed to respond to the show cause notice issued by the executing court, which prompted the said court to pass the impugned order directing detention of the petitioner in civil prison. 4. Learned counsel for the petitioner has submitted that the petitioner had recently joined and is holding the additional charge of the post of Chief Executive Officer, Verinag Development Authority, as such, he was not aware about the case and could not file reply to the show cause notice issued by the learned executing court. Learned counsel for the petitioner has submitted that in case the petitioner is given some time to respond to the show cause notice, he would do so and till that time, the impugned order may be kept in abeyance. 5. In view of the above, the petition is disposed of with a direction to the petitioner to file reply to the show cause notice P a g e | 3 CM(M) No. 486/2025 CM No. 7295/2025 issued by the learned executing court against him within a period of 15 days from today and till such time, the impugned order dated 19.10.2025 shall remain in abeyance. In case, the reply to the show cause notice is filed by the petitioner within the aforesaid period, the learned executing court shall consider the same in accordance with law and pass fresh order thereafter and in case the reply is not filed by the petitioner to the show cause notice within the aforesaid period, the impugned order dated 19.10.2025 shall stand revived upon expiry of the aforesaid period. 6. Copy of this order be sent to learned executing court. 7. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 08.11.2025 Aasif