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2025 DAILYLAW 8159 (JK)

NISHANT WALI v. SHRI ARUN KUMAR MEHTA AND ORS. (GENERAL ADMINISTRATION DEPARTMENT) (EXCISE TAXATION)

CCP(D)/30/2021 · 2025-02-17

Puneet Gupta, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) CCP(D) No. 30/2021 Nishant Wali ..... appellant (s) Through :- Mr. Shuja Ul Haq Advocate. V/s Shri Arun Kumar Mehtra and others .....Respondent(s) Through :- Mr. Ilyas Nazir Laway G.A. Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER This is a petition for initiating contempt proceedings against the respondents for wilful disobedience and non-compliance of the order dated 09.08.2021, passed in WP(C) No. 1528/2021, whereby a Division Bench of this Court, while disposing of the said writ petition, also provided that till 20.09.2021, no coercive steps shall be taken against the petitioners. Learned counsel appearing for the petitioner submits that the application for interim relief, in terms of the aforesaid order, was considered by the Tribunal, and the interim order passed by this Court was continued. If that be the situation, then the contempt petition, if any, shall lie before the Tribunal, for the reason that the order passed by the Division Bench was only to subsist till 20.09.2021. The further continuation of the order by the Tribunal shall be construed to be its order, and in case there is any violation or non-compliance by the respondents, it is open to the petitioner to file a contempt petition before the Tribunal. Accordingly, the proceedings in this contempt petition are closed. Disposed of as such. (PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE Jammu 17.02.2025. Sanjeev Sr. No. 10