Serial No. 58 Regular cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) … CCP(S) No. 113/2023 Habib Mir and Others. ……...Petitioner(s) Through: Mr. S.A. Qadri, Advocate Versus Syed Fakhrudin and Others. ……Respondent(s) Through: Mr. Jahangir Dar, GA CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 08.04.2025 1. In the instant contempt petition, petitioner herein alleges non- compliance of order dated 12.10.2022 passed in writ petition bearing WP(C) No. 2267/2022. It would be profitable to reproduce the operative portion of the above said order as under: “Having regard to the submissions made by learned counsel for the petitioners and the nature of relief prayed for, I am of the considered opinion that this petition, which is filed for settlement of private dispute between the two parties, is not maintainable. However, in respect of grievance of the petitioners that respondents 6 to 9 have encroached upon some irrigation canal and public road, the petitioners are free to approach the Deputy Commissioner, Budgam, by making a formal application in this regard. Needless to say, that in case such application is filed and the Deputy Commissioner, Budgam, on enquiry finds any encroachment upon the irrigation canal or public road, he shall take immediate steps for removal of such encroachment after affording adequate opportunity of being heard to the persons in occupation.” 2. Statement of facts stands filed by the respondents wherein it is stated that in compliance to the directions passed by this Court for removal of encroachment of Irrigation Canal and Public Road at village Soibugh, the Naib Tehsildar, Soibugh was directed vide communication No. 2274/OQ/BUD/022/Court/F-73 dated 01.12.2022 for identification of all such encroachments on the irrigation canal and the public road and for immediate removal of the encroachments if any form existing. 3. It is submitted that the Naib Tehsildar, Soibugh constituted a team of revenue officials for the demarcation of the said irrigation canal and public road vide his order dated 28.11.2022 for verifying the encroachment claim of the petitioners. It is further stated that the demarcation team after visiting the spot did not find any type of encroachments upon the irrigation canal or public road. Accordingly, vide communication dated 11.01.2023, the Naib Tehsildar, Soibugh reported that no encroachment existed on the irrigation canal and also reported that no encroachment has been made by the private respondents as alleged by the petitioners in the writ petition. 4. Respondents have complied with the direction passed by this Court in terms of order dated 12.10.2022. Accordingly the contempt proceedings are closed. However liberty is granted to the learned counsel for the petitioner to re-agitate the matter, if the cause survives otherwise. (MOKSHA KHAJURIA KAZMI) JUDGE Srinagar 08.04.2025 “Sabreena”