MOHAMMAD YASEEN MALIK AND ORS. v. FAZLUL HASEEB AND ORS. (OWP matter)
CCP(D)/53/2023 · 2025-07-03
Rajnesh Oswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9249 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9249 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(D) 53/2023 CM(3511/2025)
MOHAMMAD YASEEN MALIK AND ORS …Petitioner(s)/appellant(s) Through: Mr. G.A. Lone, Advocate Vs. FAZLUL HASEEB AND ORS ...Respondent(s) Through: Mr. A.R. Malik, Sr. AAG., with Mr. Mohammad Younis, Assisting Counsel. Mr. Alla-ud-din Ganaie, AAG. CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
O R D E R 03-07-2025
Vide order dated 12.02.2025, passed by the Coordinate Bench, last and final opportunity was granted to the Executive Engineer, R&B Division, Shopian, to approach the competent authority for release of requisite funds in favour of the Collector. It was made clear that in the event of default, the Court would be impelled to initiate contempt proceedings against the erring officials. Whereafter, the matter was adjourned on numerous occasions but the order dated 12.02.2025 was not complied with. Resultantly, we required Executive Engineer, R&B Division, Shopian, to appear in person before proceeding any further with the matter. On 05.06.2025, Mr. Maqsood Shafi, Executive Engineer, R&B Division, Shopian, appeared before this Court and informed that the matter was under active consideration before the competent authority and only a formal order was required to be passed. Accordingly, a short accommodation was prayed for to apprise the Court of the final outcome in this regard and the matter was kept for today. But again adjournment is prayed for as the matter has not made any tangible progress. Junaid Ayoub I attest to the accuracy and authenticity of this document
Upon being pointedly asked, Mr. Maqsood Shafi, Executive Engineer, R&B Division, Shopian, who is present in the Court, submits that even though he had repeatedly written to the competent authority to ensure compliance of the order dated 12.02.2025, but the matter continues to remain pending with the Planning Department for release of requisite funds. Therefore, he expresses his inability to do any further. In the given circumstances, we are choiceless but to direct Sheikh Shavaiz Ahmad, Director Planning, PW (R&B) Department, to appear before the Court post-recess by virtual mode. Pursuant to the order passed in the first session, Director Finance Public Works R&B, has joined the proceedings virtually. At the outset, he submits that Rupees One Crore has since been released in the account of the concerned Chief Engineer as regards the subject works.
And we are assured that during the course of the day itself, the amount would be credited in the account of the Collector. Needless to assert that once the amount is received by the Collector, he shall disburse the same without any further loss of time in favour of the rightful claimants in terms of the orders passed by this Court. Accordingly, the proceedings in the present petition are closed, and stands disposed off. (RAJNESH OSWAL)
(ARUN PALLI) JUDGE
CHIEF JUSTICE
SRINAGAR 03-07-2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document