KRISHAN PAL SINGH v. NARESH KUMAR SHARMA AND ANOTHER
CCP(S)/312/2023 · 2025-03-26
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4930 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4930 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- CCP(S) No. 312/2023 in WP(C) No. 1984/2023
Krishan Pal Singh, Age 70 years, S/o Sh. Diwan Singh, R/o Gandharwan, Tehsil Akhnoor, District Jammu. …..Petitioner(s)
Through: Ms. Sumaira Sharief, Advocate vice Mr. P.S. Pawar, Advocate.
Vs
1. Naresh Kumar Sharma, Tehsildar Akhnoor Tehsil Akhnoor, District Jammu;
2. Lekh Raj, Sub-Divisional Magistrate, Sub-Division Akhnoor, District Jammu. .…. Respondent(s)
Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG.
Coram:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER (26.03.2025)
01.
The instant contempt petition has been preferred against the respondents/contemnors for willful disobedience and defiance of the order dated 07.08.2023 passed by this Court in WP(C) No. 1984/2023, whereby a direction has been issued to the respondents to consider the claim of the petitioner in terms of the notices issued by them dated 27.06.2020 and 12.12.2022 within a period of three weeks from the date, certified copy of the order along with writ petition and annexure are served upon the respondent Nos. 3 and 4.
02.
Since the aforesaid order has not been complied with within the period granted by this Court, the petitioner has preferred the instant contempt petition, in which the notice was issued on 06.11.2023.
03.
The respondents have filed a detailed status report, in which they have taken a specific stand that in pursuance to the notice issued by the then Tehsildar dated 27.06.2020, followed by notice dated 12.12.2022 for vacation of encroached pathway, if any, measured and it has been found that the length of the pathway is 253 ft., whereas the minimum width has been found to be 12 ft., S. No. 15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
which is being used by the local residents without any hindrance. The total area of the pathway comes to be more than 11 Marlas, which matches the quantum/area of the land, which has been recorded in Jamabandi for the year 1996-1997 as Gair Mumkin Rasta. The said status report is taken on record.
04. Therefore, as per the stand taken by the respondents, no illegal encroachment has been found on the spot and with a view to corroborate the stand taken by the respondents in the status report, the map prepared by the field staff has also been enclosed with the status report filed by the respondents.
05.
Thus, in the light of the stand taken by the respondents, no fruitful purpose would be served to keep the instant contempt petition alive, as the
order/judgment passed by this Court (mentioned supra) stands complied with. Accordingly, proceedings in the instant contempt petition are closed. Rule, if any, shall stand discharged.
(WASIM SADIQ NARGAL) JUDGE JAMMU
26.03.2025
Riya
Ram Krishan 2025.03.26 16:46 I attest to the accuracy and integrity of this document