SODAGAR MAL v. SHALEEN KABRA COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT AND OTHERS
CCP(S)/250/2024 · 2025-08-05
Wasim Sadiq Nargal
Contempt Petitionbody2025
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[ 2025 DAILYLAW 3957 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 3957 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CCP(S) No. 250/2024 In OWP No. 1769/2018
Sodagar Mal …..Appellant(s)/Petitioner(s)
Through: Ms. Arsha Sharma, Advocate vice Mr. Sachin Gupta, Advocate
Vs
Shaleen Kabra Commissioner Secretary Jal Shakti Department and others
.…. Respondent(s)
Through: Ms. Priyanka Bhat, Assisting Counsel to Ms. Monika Kohli, Sr. AAG
Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 05.08.2025
1. The instant contempt petition arises out of order/judgment dated 11.09.2018 passed by this Court by virtue of which the writ petition preferred by the petitioner was disposed of with the direction to the respondent No. 2 to make payment of the admitted amount which was due and payable to the petitioner within a period of six weeks from the date of receipt of a certified copy of the
order.
2. Since the order was not complied with within the time granted by this Court, the petitioner has preferred the contempt petition in which notice was issued on 28.08.2024. The respondents have filed the statement of facts in which the respondents have admitted that an amount of Rs. 80,000/- is admissible and being payable to the petitioner in terms of order/judgment passed by this Court and the respondents have submitted while filing the statement of facts that the same would be released immediately upon the receipts of the funds from the District Development Commissioner, Samba. Sr. No. 27
2 CCP(S) No. 250/2024 In OWP No. 1769/2018
3. Since the respondents have taken a specific stand in the compliance report that the admissible amount is liable to be paid by the concerned District Development Commissioner, Samba who is not a party in the instant contempt petition on oral request of the learned counsel for the petitioner, the District Development Commissioner, Samba is arrayed as a party respondent in the instant contempt petition on whose behalf learned counsel for the respondents has appeared and assured the Court that the admitted amount to the tune of Rs. 80,000/- will be paid to the petitioner within a period of three weeks from today.
4. In the light of the assurance extended by the counsel appearing on behalf of the respondents and also in the light of the stand taken by the respondents in the compliance report, no fruitful purpose will be served to keep this contempt petition alive and accordingly, the same is disposed of by directing the newly added respondent i.e. District Development Commissioner, Samba to release the admitted amount to the tune of Rs. 80,000/- within a period of three weeks from today. Accordingly, the proceedings in the instant contempt petition are closed and rule, if any, shall stand discharged.
5. It is made clear that in case if the aforesaid amount as agreed and assured is not released within the period mentioned above in the eventuality petitioner will be at liberty to revive the instant contempt and this Court will be constrained to initiate coercive measures against the respondents
6. The instant contempt petition is accordingly, disposed of.
(Wasim Sadiq Nargal) Judge Jammu 05.08.2025 Nikhil