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High Court of Jammu and Kashmir · body

2025 DAILYLAW 6974 (JK)

AEJAZ AHMAD SHEIKH v. MR.SHALEEN KABRA (GOVERNMENT IRRIGATION DEPARTMENT) AND ORS

CCP(S)/113/2025 · 2025-08-01

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 46 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 113/2025 in [WP(C) 3104/2024] AEJAZ AHMAD SHEIKH …Appellant(s)/Petitioner(s) Through: Ms. Tabish Latief, Advocate Vs. MR.SHALEEN KABRA (GOVERNMENT IRRIGATION DEPARTMENT) AND ORS ...Respondent(s) Through: Mr. Waseem Gul, GA CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 01.08.2025 1. The instant contempt petition arises out of the order/judgment passed by this Court dated 01.01.2025 in WP(C) 3104/2024 by virtue of which, a direction was issued to respondents 1 to 5 to treat the writ petition as representation and to take appropriate action in accordance with law. The needful was to be done within two months from the date copy of the order along with the writ petition are served upon the said respondents. 2. Since the aforesaid order was not complied with by the respondents, the petitioner was constrained to file the instant contempt petition, in which notice was issued on 21.04.2025. 3. The respondents have filed the statement of facts, in which, a specific stand has been taken that in compliance to the order/judgment passed by this Court, the encroachment of illegal trees planted by some encroachers have been removed by the irrigation department with the assistance of revenue and law enforcement agencies. 4. In so far as, the encroachment of structures is concerned, notices have been served by the Tehsildar concerned upon the encroachers for removal of the encroachment on the land in question to secure the opportunity of being heard and due process is followed in compliance with the applicable laws. 5. Thus, in the light of the stand taken by the respondents, this Court is of the view that the order/judgment stands complied with. However, a formal consideration order till date has not been filed. 6. Confronted with the same, Mr. Waseem Gul, learned Government Advocate seeks two weeks’ time to come up with the final compliance of the order/judgment passed by this Court by passing a detailed consideration order. Prayer allowed. 7. Let the consideration order in terms of the order mentioned supra be passed within a period of two weeks as prayed for. 8. Thus, in the light of the statement made by the learned counsel for the respondents and the direction passed in this contempt petitioner, no fruitful purpose would be served by keeping this petition pending. Accordingly, the contempt proceedings are closed. Rule, if any framed, shall stand discharged. 9. In case, the needful is not done within the aforesaid period, the petitioner will be at liberty to revive the instant contempt petition at the risk and cost of respondents. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 01.08.2025 “Adil Ismail”