Sr. No.08 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(D) No.24/2025 CM No.4208/2025 Aziz Para and others. …Petitioner(s)/Appellants. Through: Mr. Owais Ashraf Shah, Advocate. Vs. Imtiyaz Ahmad Badoo ….Respondent(s) Through: Mr. Illyas Nazir Laway, GA. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 15.07.2025 01. The appellants had filed LPA No.62/2023 against the order and judgment dated February 23, 2023 rendered by the Writ Court in WP(C) No.1700/2022, vide which the order passed by the Commissioner, Agrarian Reforms (Additional Deputy Commissioner) Budgam, who had set-aside mutation nos. 866 dated 04.12.1981, 877 dated 28.12.1981 and 892 dated 20.02.1982 of village Ichkoot Tehsil and District Budgam, was upheld. 02. And vide judgment dated April 7, 2023, a coordinate bench allowed the said appeal and set aside the judgment and order dated February 23, 2023 as also the order dated July 23, 2022 passed by the Commissioner; “15. Viewed from any angle neither order passed by Commissioner nor judgment of the Writ Court can be sustained in law. We find sufficient merit in the appeal and the same is, accordingly, allowed. The impugned order passed by the Writ Court dated 23rd February 2023 as also order passed by the Commissioner dated 23rd July 2022, are set-aside.” 03. The limited grievance that the petitioner has is that the respondent authorities rather than implementing the judgment dated April 7, 2023, has issued notice dated July 2, 2025 to the Patwari Halqa Ichkoot and the Record Keeper concerned to be present on July 14, 2025, for implementation of the order passed by the Commissioner, Agrarian Reforms, though, as indicated earlier, it had already been set aside by this Court. Thus, it is submitted that contempt proceedings be initiated against the respondent for wilful disobedience and non-compliance of the judgment dated April 7, 2023. 04. Served with advance copy of the petition, Mr. Illyas Nazir Laway, GA, is present in the court on behalf of the respondent. 05. The factual position, indicated above, is not disputed. Since the judgment dated April 7, 2023 passed by the Coordinate Bench has attained finality, Mr. Laway, submits that the authorities cannot even conceive to proceed contrary to the ratio and decision dated April 7, 2023 rendered by this Court. Therefore, he submits that if at all owing to any mis- communication/ mis-construction of such judgment, the respondent knowingly or otherwise has proceeded, in discharge of his statutory function, contrary to the decision rendered by this Court, he shall tender his unconditional apology and an affidavit in this regard shall be filed within a week from today. And the authorities shall now proceed only in sync with the spirit and decision of this Court dated April 7, 2023. 06. That being so, learned counsel for the petitioners submits that nothing substantial survives in the contempt petition and the same be disposed of in terms of the statement made by learned counsel for the respondent. 07. In the wake of the above, the contempt petition is disposed of in terms of the statements made by the learned counsel for the parties. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 15.07.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 15.07.2025 19:06