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2025 DAILYLAW 2650 (JK)

RAKESH KHAJURIA AND OTHERS v. SACHIN KUMAR VAISHYA, DEPUTY COMMISSIONER AND ANR

CCP(D)/16/2022 · 2025-09-26

Sanjay Parihar, Sanjeev Kumar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP (D) No. 16/2022 c/w CCP (D) No. 1/2022 a/w Connected matters Rakesh Khajuria & Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Sanjay Kakkar, Advocate Mr. Jatinder Choudhary, Advocate Mr. Dilip Kr. Bangotra, Advocate Mr. Rakesh Khajuria, Advocate Mr. Mohinder Kumar, Advocate v/s Sachin Kumar Vaishya & Anr. .....Respondent(s) Through :- Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER (ORAL) 2 6. 0 9. 2 0 2 5 CCP (D) No. 16/2022, CCP (D) No. 1/2022 & CCP (D) No. 3/2022 1. Mr. Sanjay Kakkar, Mr. Jatinder Choudhary and Mr. Dilip Kr. Bangotra, learned counsel appearing on behalf of the petitioners in the aforementioned contempt petitions fairly submit that the Administrative Secretary, Revenue Department, Government of Jammu & Kashmir has issued Form-J under the Requisitioning and Acquisition of Immovable Property (RAIP) Act, 1952 in favour of the petitioners and, therefore, they may not press these petitions, provided that, the Government of India assures that the requisite funds shall be provided to the petitioners at the earliest. 2. Mr. Vishal Sharma, learned DSGI appearing on behalf of the Union of India on instructions of Defence Estates Officer, Udhampur Sr. No. 02 2 CCP (D) No. 16/2022, CCP (D) No. 1/2022 & CCP (D) No. 3/2022 CCP (D) No. 2/2022 & CCP (D) No. 27/2023 CCP (D) No. 17/2022, CCP (D) No. 33/2022, CCP (D) No. 34/2022, CCP (D) No. 35/2022 & CCP (D) No. 36/2022 makes a statement at Bar that since Form-J in the aforementioned cases has already been issued, the funds would be released in favour of the petitioners within a period of one month. His statement is taken on record. 3. In view of the above, there remains nothing to be adjudicated in the abovementioned contempt petitions, as such, the proceedings in these contempt petitions are closed, with liberty to the petitioners to come again in case the commitment made is breached by the respondents. CCP (D) No. 2/2022 & CCP (D) No. 27/2023 1. Mr. Jatinder Choudhary and Mr. Dilip Kr. Bangotra, learned counsel appearing on behalf of the petitioners in the aforementioned contempt petitions fairly submit that the Administrative Secretary, Revenue Department, Government of Jammu & Kashmir has issued Form-I under the Requisitioning and Acquisition of Immovable Property (RAIP) Act, 1952 in favour of the petitioners, whereas, issuance of Form-J is still awaited. 2. Mr. Vishal Sharma, learned DSGI appearing on behalf of the Union of India on instructions of Defence Estates Officer, Udhampur makes a statement at Bar that since Form-I in the aforementioned cases has already been issued, the funds would be released in favour of the petitioners within a period of three months from the date of issuance of Form-J. His statement is taken on record. 3. In view of the above, there remains nothing to be adjudicated in the abovementioned contempt petitions, as such, the proceedings in these contempt petitions are closed, with liberty to the petitioners to 3 CCP (D) No. 16/2022, CCP (D) No. 1/2022 & CCP (D) No. 3/2022 CCP (D) No. 2/2022 & CCP (D) No. 27/2023 CCP (D) No. 17/2022, CCP (D) No. 33/2022, CCP (D) No. 34/2022, CCP (D) No. 35/2022 & CCP (D) No. 36/2022 come again in case the commitment made is breached by the respondents. CCP (D) No. 17/2022, CCP (D) No. 33/2022, CCP (D) No. 34/2022, CCP (D) No. 35/2022 & CCP (D) No. 36/2022 1. Mr. Mohinder Kumar and Mr. Rakesh Khajuria, learned counsel appearing on behalf of the petitioners fairly submit that the proceedings of acquisition in the aforementioned contempt petitions are not yet commenced as Form-I & J are yet to be issued by the Administrative Secretary, Revenue Department, Government of Jammu & Kashmir under the Requisitioning and Acquisition of Immovable Property (RAIP) Act, 1952 in favour of the petitioners. 2. Mr. Vishal Sharma, learned DSGI appearing on behalf of the Union of India on instructions of Defence Estates Officer, Udhampur makes a statement at Bar that in the aforementioned cases, the entire proceedings will be completed within the period of six months. His statement is taken on record. 3. In view of the above, there remains nothing to be adjudicated in the abovementioned contempt petitions, as such, the proceedings in these contempt petitions are closed, with liberty to the petitioners to come again in case the commitment made is breached by the respondents. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 26.09.2025 Manan Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Manan Mahajan 2025.09.29 14:39 I attest to the accuracy and integrity of this document