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2026 DAILYLAW 217 (JK)

UT OF J AND K TH ITS COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT AND OTHERS v. MOHD AYUB NAIK AND OTHERS

WP(C)/381/2026 · 2026-02-18

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2026

Judgment text

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Sr. No. 42 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 381/2026 UT of J&K and others …. Petitioner/Appellant(s) Through:- Mrs. Monika Kohli, Sr. AAG V/s Mohd Ayub Naik and others …..Respondent(s) Through:- Mr. Najeeb Sheikh, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 18.02.2026 1. Impugned in this petition filed by UT of J&K is an order dated 09.10.2025 passed in OA No. 1607/2025 and an order dated 30.01.2026 passed in CP No. 602/2025 titled “Mohd Ayub Naik and others Vs. Jal Shakti Department”. The impugned orders passed in the contempt petition have been challenged primarily on the ground that when the interim order passed on 09.10.2025 in OA No. 1607/2025 came to be served upon petitioners in the contempt petition, they had already acted pursuant to the communication dated 03.07.2025 and processed the case for withdrawal of the benefit granted to the respondents herein in terms of SRO No. 149 of 1973. Challenge is also thrown to the interim order on the ground that the same amounts to granting the final relief prayed for by the respondents and, therefore, ought not to have been granted. 2. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the interim WP(C) No. 381/2026 order dated 09.10.2025, impugned in this petition, does not call for any interference, for the reason that it is interim in nature and subject to objections from the petitioners. 3. So far as the order passed in contempt proceedings is concerned, suffice it to provide that subject to the petitioners maintaining/restoring the position as it existed on 09.10.2025 i.e., at the time of passing of the order, and the further action being taken only after the application for the interim relief is decided or the matter is finally considered or disposed of, there shall be stay of the contempt proceedings. 4. Needless to say that, the respondents shall be at liberty to revive the contempt proceedings in case the petitioners do not restore the status quo ante i.e., the position on the date impugned interim order was passed. 5. We are told that the matter is listed before the CAT on 19.02.2026. If the pleadings are complete, the CAT shall take up the matter for consideration of interim relief or final disposal after two weeks’ i.e., on 23.03.2026. By that time, the respondents will comply with the order which we have passed today. Subject to the passing of the requisite order, the matter shall be considered for final disposal by the CAT on the next day, positively. 6. Disposed of in the above terms. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE Jammu: 18.02.2026 Shafqat