Jammu & Kashmir High Court
Shah Mohd. & Ors vs Sachin Kumar Vaishya on 25 July, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 23
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP (S) No. 399/2024
Shah Mohd. & Ors. .....Applicant(s)/Petitioner(s)
Through :- Mr. Yaser Javed, Advocate
v/s
Sachin Kumar Vaishya, .....Respondent(s)
Deputy Commissioner, Jammu
Through :- Ms. Chetna Manhas, Assisting counsel to
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
25.07.2025
1. By this petition, petitioners are seeking initiation of contempt
proceedings against the respondents for their willful/intentional
disobedience in implementing the order dated 06.05.2024, passed
by this Court in WP (C) No. 972/2024 titled “Shah Mohd. & Ors.
Vs. Union of India & Ors.” wherein, it has been held as under:
“10….. With the consent of learned counsel for the parties
and keeping in view the facts and circumstances of the
case, the instant writ petition is disposed of, at the
threshold, with a direction to respondent no. 5-Deputy
Commissioner, Jammu to consider the claim of the
petitioners by treating this writ petition as representation
and take a decision thereon strictly under rules and as per
law and pass a consideration order within a period of six
weeks from the date a certified copy of this order alongwith
complete set of writ petition are made available to the said
respondent. It is also made clear that in case, the petitioners
intend to file any other material before respondent no. 5,
the same can be filed within the aforesaid period alongwith
instant petition. The order, which is likely to be passed, be
forwarded to the petitioners through registered post.”
2 CCP (S) No. 399/2024
2. Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli,
learned Sr. AAG appearing on behalf of the respondent has drawn
the attention of this Court to the compliance report filed on
21.02.2025, wherein, it is submitted that in compliance of the order
(supra), the matter was considered, whereby, the claim of the
petitioners was rejected, vide order dated 08.02.2025, passed by the
respondent, on the ground that the land falling under Khasra No. 98,
98min., 100 and 101 are not coming in the alignment of Delhi-
Ludhiana-Amritsar-Katra Expressway and Khasra No. 221/192
measuring 60 Kanals 17 Marlas is coming in the alignment of
Delhi-Ludhiana-Amritsar-Katra Expressway, which belongs to
JDA. It has been further submitted that the case of the petitioners
was found to be devoid of merits and rejected. Copy of the Order
No. 01 of 2025 dated 08.02.2025 is also annexed with the
compliance report as Annexure-I.
3. As the order passed by this Court stands complied with, therefore,
there is no reason to continue with the contempt proceedings.
Accordingly, the proceedings in the contempt petition are
closed. However, liberty is granted to the petitioners to challenge
the consideration order dated 08.02.2025, if so advised.
(Moksha Khajuria Kazmi)
Judge
JAMMU
25.07.2025
Manan
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