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High Court of Jammu and Kashmir · body

2025 DAILYLAW 5676 (JK)

RAHUL SHARMA v. FAROOQ AHMED SHAH SECY.PUBLIC HEALTH ENGINEERING (P.H.E.) AND ORS.

CPOWP/272/2018 · 2025-03-03

Wasim Sadiq Nargal

Contempt Petitionbody2025

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:- CPOWP No. 272/2018 in OWP No. 1215/2018 Rahul Sharma, Age 31 years, S/o Narinder Kumar Sharma, R/o Ward No. 6, Near Shiv Temple Billawar, District Kathua. …..Petitioner(s) Through: Ms. Arsha Sharma, Advocate vice Mr. Sachin Gupta, Advocate. Vs 1. Farooq Ahmed Shah, Commissioner/Secretary to Govt., Department of PHE, Irrigation and Flood Control, Civil Secretariat, Jammu/Srinagar; 2. A.K. Gandotra, Chief Engineer, PHE Irrigation and Flood Control, Jammu; 3. Ashok Sharma, Superintending Engineering, Hyraulic Circle, Kathua; 4. Om Raj, Executive Engineer, Irrigation, Irrigation Division, Kathua. .…. Respondent(s) Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (03.03.2025) 01. The instant contempt petition has been preferred for willful disobedience of the judgment/order passed by this Court dated 27.06.2018, by virtue of which, the petition bearing OWP No. 1215/2018 was disposed of by directing the respondents that the admitted liability towards the petitioner shall be cleared without any delay, preferably within a period of two weeks from the date, the petitioner produces the copy of the aforesaid order in the office of the Chief Engineer, Irrigation and Flood Control Jammu, i.e., respondent No. 2. 02. The record reveals that various statements of facts have filed on behalf of S. No. 53 HIGH COURT OF JAMMU & KASHMIR AND LADAKH 2 CPOWP No. 272/2018 in OWP No. 1215/2018 the respondents from time to time and the latest has been filed on behalf of respondent Nos. 1 to 4 by Mrs. Kohli, Sr. AAG in February, 2025, which has been provided to this Court, in which the respondents have taken a specific stand that the liabilities of the petitioner admissible under rules has been processed on PAYSYS as per the record already existing in the office pertaining to the work done liabilities of the petitioner and have been sent to the District Treasury Officer, Kathua on 24.02.2025 for payments to the petitioner in conformity with the order/judgment passed by this Court dated 27.06.2025 in OWP No. 1215/2018. The said compliance report is taken on record. 03. The respondents have further submitted that the payment will be credited to the Account of the petitioner as and when funds get released to the District Treasury, Kathua. The respondents have also placed on record the requisite details along with the compliance report. 04. Learned counsel for the respondents submits that the amount will be credited to the Account of the petitioner within a period of two weeks from today. 05. Thus, in light of the stand taken by the respondents in the aforesaid compliance report, no fruitful purpose would be served to keep the instant petition pending and the respondents are directed to credit the amount in the Account of the petitioner within a period of two weeks from today, failing which, the petitioner will be at liberty to revive the instant contempt petition and, in that eventuality, this Court will be constrained to take coercive measures against the respondents. 06. Accordingly, the proceedings in the instant contempt petition are closed. Rule, if any, shall stand discharged. (WASIM SADIQ NARGAL) JUDGE JAMMU 03.03.2025 Ram Krishan Ram Krishan 2025.03.05 10:54 I attest to the accuracy and integrity of this document