S. No. 10 Regular list IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 271/2023 in[WP(C) 878/2023] ASGAR HUSSAIN KHAN …Petitioner(s) Through: Mr. Saqib Aman Parrray, Advocate. Vs. MANZOOR AHMAD PARRAY AND ANR ...Respondent(s) Through: Mr. H. Aman Ali, Dy. AG. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE ORDER 24.02.2025 1. Upon coming of this instant contempt petition for consideration wherein the petitioner has complained non-compliance of Order dated 22.04.2023, passed by this Court in WP(C) 878/2023 filed by the petitioner for a direction upon the respondents to release the outstanding amount of Rs. 10.44 lacs, allegedly withheld by the respondents despite having released the part payment thereof amounting to Rs. 15.00 lacs, it got revealed that for whole amount of Rs. 15.00 lacs and 10.44 lacs, the petitioner had earlier filed a petition being WP(C) No. 2461/2022 which came to be disposed of at threshold by this Court on 05.11.2022 with a direction to the respondents to inspect the work executed by the petitioner and after analyzing the same to accord consideration to the claim of the petitioner in accordance with rules and law. 2. Aggrieved of the part payment made by the respondents in furtherance of the order of this Court dated 05.11.2022, amounting to Rs. 15 lacs instead of releasing of entire amount of Rs. 25.25.00-/, the petitioner herein had chosen to file yet another petition qua the said amount of Rs. 10. 00 lacs being WP(C) No. 878/2023, whereunder the instant contempt petitioner has arisen, which too, came to be disposed of by this Court at its threshold on 24.04.2023, requiring the respondents to consider the claim of the petitioner projected in the writ petition and take a decision thereon within a period of two months. 3. In view of the aforesaid factual position obtaining in the matter, the petitioner seemingly has filed the subsequent petition being WP(C) No. 878/2023qua the claim which he had earlier maintained in WP(C) No. 2461/2022 which the petitioner admittedly could not have maintained being for the same cause for which he had earlier filed WP(C) 2461/2022. 4. Be that as it may, the respondents have not filed the statement of facts to the instant contempt petition, as such, came to be directed to remain present in person in terms of previous order dated 20.12.2024. 5. Respondents/contemnors are present along with record of the case and would submit that in respect of the aforesaid outstanding amount claimed by the petitioner, the petitioner stands already called upon to furnish necessary details and particulars in order to settle his claim. Attention of this court is invited to letter no. R&B/v/3535-37 dated 12.08.2023, which seemingly is addressed to the petitioner herein, requiring him to submit the unpaid work done claim, if any, through proper channel so that the claim, if found genuine after proper verification, shall be processed accordingly subject to availability of funds. The said communication indisputably has been addressed to the petitioner subsequent to the passing of the order dated 24.04.2023, the order where under the instant contempt petition has arisen. Another letter is being referred by the contemnors/respondents the Court bearing no. EE/RR&B/v/8646-49 dated 21.02.2025, in this regard upon calling upon the petitioner to submit unpaid work done claim along with other requisite documents within week’s time. It is being stated by the respondents/contemnors that the petitioner till date did not respond to the said letter. 6. In view of the aforesaid position obtaining in the matter, this Court deems it appropriate to recall the contempt notice issued to the respondents and close the contempt proceedings requiring the petitioner herein to respond to the aforesaid letters before invoking contempt jurisdiction of this Court. Ordered accordingly. 7. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 24.02.2025 Hilal Ahmad