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2025 DAILYLAW 15093 (JK)

ZAHOOR AHMAD KHAN v. RAJ KUMAR GOYAL AND ORS. (HOME DEPARTMENT) (SWP/775/2018)

CCP(S)/548/2022 · 2025-11-28

M A Chowdhary

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.36 Regular list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Through virtual mode CCP(S) 548/2022 in[SWP 775/2018] ZAHOOR AHMAD KHAN Appellant(s)/Petitioner(s) Through: None. Vs. RAJ KUMAR GOYAL AND ORS. (HOME DEPARTMENT) ...Respondent(s) Through: Mr. Iliyas Laway, GA. CORAM:HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 28.11.2025 1. Learned counsel for the respondents submits that the judgment dated 01.09.2022 passed in SWP No. 775/2018 which has been alleged to have been disobeyed in this contempt petition, has been set aside by the learned Division Bench in LPA No. 57/2023 vide order dated 23.05.2025. The operative part of the afore-stated judgment dated 23.05.2025 reads as follows: “In view of the clear position emerging from the judgment Debabrata Tiwari, and admitted fact situation obtaining in the case, we find merit in this appeal and the same is accordingly allowed. The impugned judgment of the writ court is set-aside and as a consequence whereof, SWP No. 775/2018 is also dismissed.” 2. Learned counsel for the respondents therefore submits that since the very judgment alleged to have been violated no longer survives, nothing remains to be adjudicated in the present proceedings. No contrary submission or material has been placed on record to dispute the above position. 3. Having considered the submission made by the learned counsel for the respondents and having regard to the judgment of the Division Bench dated 23.05.2025, it is evident that the foundational judgment which formed the basis of the present petition stands set aside, and consequently, no cause of action survives for continuing with these proceedings. 4. In view of the above legal position, the present petition is dismissed having been rendered infructuous. 5. Disposed of. ; (MA CHOWDHARY) JUDGE SRINAGAR 28.11.2025 “Hilal”