High CourtsSingle Bench(2020) 10 J&K CK 0017

Abdul Hamid Ganie vs Asha Begum And Others

Jammu And Kashmir High Court · Decided on 7 October 2020

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous No. 4200 Of 2020, CCP (S) No. 274 Of 2020

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Judgment

10 paragraphs · 254 words

Rajnesh Oswal, J

CM No. 4200/2020

The instant application has been filed by the petitioner seeking extension of time for filing the affidavit, stamp and court fee etc in support of the petition.

For the reasons stated in the application, the same is allowed. The petitioner shall do the needful within a period of three days, when the normal functioning of the Courts begins.

Application is, accordingly, disposed of.

CCP(S) No. 274/2020

Vide order dated 09.12.2019 passed in CM(M) No. 54/2019, the operation of the order dated 08.11.2018 passed by the Chairman, DLSA, Kupwara was stayed. The present contempt petition has been filed by the petitioner, thereby stating that there is violation of order dated 09.12.2019 passed by this Court (supra). It is further stated that the contemnor No. 1 along with other contemnors during night hours on war footing basis constructed the RCC Wall, encroached the road and brazenly violated the order of this Court.

A perusal of the order dated 09.12.2019 reveals that this Court had simply stayed the operation of the impugned order and no further direction was issued by this Court.

Without commenting upon the merits of the contentions raised by the petitioner, the present contempt petition is misconceived as prima facie, there is no violation of the order passed by this Court.

The remedy availed by the petitioner is misconceived, as such, the present contempt petition for initiation of contempt proceedings against the respondents, is dismissed. However, the petitioner is at liberty to avail the remedy as per law.