Extracted from the PDF above. The PDF is authoritative.
S. No.48 Regular List ,,,HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No.206 of 2023
Nazir Ahmad Khan
…..Petitioner(s)
Through: Mr.S.A.Qadiri, Advocate V/s
Mr.Shaleen Kabra and Ors
… ..Respondent(s)
Through : Mr.Jahangir Dar, GA
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
09.07.2025
1. The petitioner has filed the instant Contempt Petition seeking implementation of order dated 30.10.2017 passed by the Writ Court, whereby direction was issued to the respondents to accord consideration to his representation and pass appropriate orders in accordance with the rules. 2. The petition has been filed on 18.05.2023. On 02.06.2023, when the petition came up for consideration, this Court provided an opportunity to the petitioner to file supplementary affidavit to substantiate his claim with regard to the maintainability of contempt petition on account of delay in preferring the same. 3. Pursuant to the aforesaid order the petitioner has filed supplementary affidavit. In the said affidavit it has been submitted that his representation has not been considered by the respondents when he had approached the respondents several times up to August, 2019. It has been further
CCP(S)No.206/2023 2 | P a g e
submitted that after the abrogation of Article 370, 35A the whole valley was under curfew, as such, the petitioner could not pursue the matter. It has also been submitted that due to Covid-19 pandemic the petitioner could not approach the respondents. It has been further submitted that when the petitioner approached his counsel to know about the status of his case, his counsel was surprised to know that the case has already been disposed of. 4. I have heard learned counsel for the petitioner and perused the material on record. 5. In the present case the order sought to be implemented has been passed on 30.10.2017. There is nothing on record to show that the aforesaid order passed by the Writ Court has been served by the petitioner upon the respondents. It is pertinent to mention that the order sought to be implemented has been passed in absence of the parties. Unless order of the writ Court is served upon the respondents, they are not expected to implement the same. The petitioner unfortunately has neither placed on record any receipt indicating service of writ Court order on the respondents nor has he made any averment as to on which date he has served writ Court order upon the respondents. In the face of this position, it cannot be
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stated that the respondents have committed contempt of this Court or that they have violated the direction of this Court. 6.
For the foregoing reasons, the contempt petition is dismissed leaving it open to the petitioner to serve a copy of the writ court order upon the respondents and in case after service of the said order upon the respondents the order is not implemented by them, it shall be open to the petitioner to approach this Court afresh. (SANJAY DHAR)
JUDGE
SRINAGAR 09.07.2025 Sarveeda Nissar
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 11.07.2025 14:59