MOHAMMAD KASIM SHEIKH v. ARUN KUMAR MEHTA AND ORS. (PUBLIC HEALTH ENGINEERING)
CCP(S)/348/2023 · 2025-04-25
Javed Iqbal Wani
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8732 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8732 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.11 Regular list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 348/2023 in WP ( C ) No. 2400/2019 Mohammad Kasim Sheikh ….. Applicant/petitioner(s) Through: - Mr. Saleem Wani, Advocate. V/s Arun Kumar Mehta & Ors. ….. Respondent(s) Through: - Mr. Jahingeer Dar, GA. CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
(ORDER) 25.04.2025
1. In the instant contempt petition, the petitioner herein has alleged non- compliance of order dated 08.09.2022, passed in WP (C) No. 2400/2019, filed by the petitioner before this Court in terms whereof, while disposing of the said writ petition, the Court directed the respondents to treat the writ petition as representation and to consider the case of the petitioner for release of outstanding amount for which the petitioner has completed the work allotted to him in accordance with the rules, preferably within a period of eight weeks from the date copy of the order is served upon them, requiring further that the decision so taken be conveyed to the petitioner within two weeks thereafter. 2. Statement of facts has been filed by the respondents wherein it is being inter-alia admitted that the construction of 0.90 lac gallons capacity Service Reservoir was allotted to the petitioner for an amount of Rs. 20.00 lacs vide allotment order No. 4567069 dated 25th March, 2017 and that the petitioner though commenced the work, however, did not complete the same and left the construction midway. It has been further stated that for the work done and pursuant to the estimate prepared by the Committee constituted in this regard, an amount of Rs. 2.89 lacs, 11.19. lacs and 1.74 lacs vide CC dated 03/2017, 03/2018 and 03/2019 respectively was released in favour of
the petitioner and that as per the records available, no balance amount is payable to the petitioner. 3. Having regard to the aforesaid specific stand taken by the respondents, seemingly the order, non-compliance of which is alleged in the instant contempt petition has been complied with by the contemnors necessitating closure of the contempt petition. Accordingly, contempt notice issued is recalled and the proceedings are closed. 5.
Respondents are directed to furnish copy of record of consideration to the petitioner, claimed to have been accorded pursuant to the order dated 08.09.2022 within a period of two weeks’, where after the petitioner shall have the liberty to take recourse to the appropriate remedy that may be available to him in case of availability of cause. (Javed Iqbal Wani) Judge
SRINAGAR 25.04.2025
“Abdul Rashid”