SHAH MOHD AND OTHERS v. SACHIN KUMAR VAISHYA DEPUTY COMMISSIONER JAMMU
CCP(S)/399/2024 · 2025-07-25
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5172 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5172 (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. 399/2024
Shah Mohd. & Ors. .....Applicant(s)/Petitioner(s)
Through :- Mr. Yaser Javed, Advocate
v/s Sachin Kumar Vaishya, Deputy Commissioner, Jammu .....Respondent(s)
Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 25.07.2025
1. By this petition, petitioners are seeking initiation of contempt proceedings against the respondents for their willful/intentional disobedience in implementing the order dated 06.05.2024, passed by this Court in WP (C) No. 972/2024 titled “Shah Mohd. & Ors. Vs. Union of India & Ors.” wherein, it has been held as under:
“10….. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to respondent no. 5-Deputy Commissioner, Jammu to consider the claim of the petitioners by treating this writ petition as representation and take a decision thereon strictly under rules and as per law and pass a consideration order within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition are made available to the said respondent. It is also made clear that in case, the petitioners intend to file any other material before respondent no. 5, the same can be filed within the aforesaid period alongwith instant petition. The order, which is likely to be passed, be forwarded to the petitioners through registered post.” Sr. No. 23
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CCP (S) No. 399/2024
2. Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, learned Sr. AAG appearing on behalf of the respondent has drawn the attention of this Court to the compliance report filed on 21.02.2025, wherein, it is submitted that in compliance of the order (supra), the matter was considered, whereby, the claim of the petitioners was rejected, vide order dated 08.02.2025, passed by the respondent, on the ground that the land falling under Khasra No. 98, 98min., 100 and 101 are not coming in the alignment of Delhi- Ludhiana-Amritsar-Katra Expressway and Khasra No. 221/192 measuring 60 Kanals 17 Marlas is coming in the alignment of Delhi-Ludhiana-Amritsar-Katra Expressway, which belongs to JDA. It has been further submitted that the case of the petitioners was found to be devoid of merits and rejected. Copy of the Order No. 01 of 2025 dated 08.02.2025 is also annexed with the compliance report as Annexure-I.
3. As the order passed by this Court stands complied with, therefore, there is no reason to continue with the contempt proceedings. Accordingly, the proceedings in the contempt petition are closed.
However, liberty is granted to the petitioners to challenge the consideration order dated 08.02.2025, if so advised. (Moksha Khajuria Kazmi) Judge
JAMMU 25.07.2025 Manan