S.No.42 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 317/2023 in[WP(C) 1373/2023] SHAKUNTALA BHAN …Petitioner(s)/Appellant(s) Through: None Vs. SUHAIL AHMAD AND ORS. ...Respondent(s) Through: Mr. Bikram Deep Singh, Dy. AG CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 07-07-2025 1. The present contempt petition arises out of an interim order dated 02.06.2023 passed by the writ court in a writ petition bearing WP(C) No. 1373/2023, by virtue of which, a direction has been issued to the respondents to protect the land of the petitioner in terms of J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sale) Act, 1997. 2. The petitioner in the present contempt petition has alleged non- compliance of order dated 02.06.2023 and initiation of contempt proceedings against the respondents. 3. Mr. Bikram Deep Singh, learned Dy. AG has provided a copy of compliance report/statement of facts, which is taken on record in the open Court. 4. It is stated in the compliance report/statement of facts, that pursuant to the order dated 12.06.2023 contempt proceedings have been initiated against the offender and the concerned SHO has been requested to lodge an FIR against the violator. It is further stated that at present no construction activity is taking place and the order of the writ court is being implemented in its letter and spirit. 5. The respondents, with a view to substantiate their stand, have placed on record a communication dated 02.06.2025 issued by Chief Enforcement Officer, Srinagar Municipal Corporation (SMC) to the Assistant Legal Remembrancer, Srinagar Municipal Corporation (SMC), in which, it is stated that the Ward Officer has reported that the offender, namely, Gulshan Ara, has constructed a concrete compound wall on the left side of the plot, covering approximately 30 feet in length, which construction has been carried out in violation of the order passed by this court and in this regard the concerned SHO has been requested to lodge an FIR against the violator and at present no construction activity is taking place. 6. Since the direction issued to the respondents was to the extent of protecting the land of the petitioner in terms of the aforesaid Act and from a bare perusal of the stand taken by the respondents reveals that the said direction stands complied with in its letter and spirit. This may be precisely the reason that there is no representation on behalf of the petitioner. 7. In view of the compliance report/statement of facts, no fruitful purpose would be served to keep this contempt petition alive. Accordingly, proceedings in the contempt petition are closed. Rule, if any, shall stand discharged. 8. Disposed of. ; (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 07-07-2025 Mubashir