Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- CCP(S) No.333/2022 in WP(C) No.2174/2022
Sham Lal ….. Petitioner(s)
Through: None.
Vs
Rahul Yadav Commissioner JMC Jammu .….Respondent(s) Through: Mr. Mayank Gupta, Advocate
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER (13.10.2025)
1. None for petitioners.
2. Through the medium of present petition, the petitioner is seeking implementation of order dated 18.10.2022, passed in WP(C) No.2174/2022, whereby the respondent- Corporation was directed to take immediate steps to remove the encroachment of public lane at the hands of respondents No.6 to 10 due to the alleged construction of bathroom.
3. As per the statement of facts dated 01.06.2024, filed by the respondents, all the necessary measures have been taken to comply with the directions of the Court and in compliance with such directions, the encroachment has Serial No. 19
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been partially demolished. It has been further submitted that after notice, the bathroom in question has been demolished in presence of the writ petitioner.
4. The petitioner filed an affidavit pursuant to the directions dated 05.08.2024, passed by this Court in which he has disputed the fact relating to demolition of the structure. It has been submitted that only half of the structure has been demolished, whereas the remaining portion still exists on the spot. Thus, according to the petitioner, the
order of the writ Court has not been complied with.
5. A fresh statement of facts has been filed by the respondents in which it has been submitted that there is a civil suit pending before the Court of Second Civil Subordinate Judge, Jammu in which the petitioner is also a party. The respondents have placed on record copy of order dated 08.06.2024, passed by the Civil Court in the suit titled “Naresh Kumar Vs Shal Lal” whereby the parties have been directed to maintain status quo with respect to the suit property. It is being claimed that because of this order, further demolition of the structure could not be undertaken.
6. In view of the facts narrated by respondents in the latest status report, particularly those relating to status quo
order passed by the Civil Court, it cannot be stated that there has been any willful violation of order passed by the
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writ Court. The contempt proceedings are, therefore, closed and the petition is disposed of.
(SANJAY DHAR) JUDGE JAMMU
13.10.2025
Sneha