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Judgment
Ali Mohammad Magrey, J
The subject matter of the instant appeal, filed by the appellant/ respondent No.7 in the writ petition, is order dated 23rd of October, 2019 passed by the learned single Judge in CPOWP No.13/2019 arising out of OWP No.2457/2018 filed by the respondent Nos. 8 to 11/ writ petitioners.
In the appeal, the appellant has stated that the respondent Nos. 8 to 11/ writ petitioners filed OWP No. 2457/2018, wherein the learned single Judge, in terms of order dated 10th of January, 2019, while issuing notice to the respondents, observed that pendency of the writ petition shall not come in the way of the official respondents in making further follow up under law in pursuance to NIT No. 64/02/EEP/R&B/2018-19 dated 27th of June, 2018. Thereafter, as stated, alleging non-compliance of the aforesaid order passed by the learned single Judge, the writ petitioners/ respondent Nos. 8 to 11 herein filed contempt petition, being CPOWP No.13/2019, wherein the learned single Judge, in terms of order dated 23rd of October, 2019, i.e., the impugned order before us, has directed that the Additional Deputy Commissioner, Pulwama, shall take immediate steps to provide security to the Executing Agency so that the execution work undertaken by the Executive Engineer, R&B, Division Pulwama, with respect to pathway in question goes unhindered.
Learned counsel for the appellant submits that the contempt petition has arisen out of the ad interim order passed in writ petition filed by the respondent Nos. 7 to 11/ writ petitioners wherein the learned single Judge has only made observation that pendency of the writ petition shall not come in the way of the official respondents in making further follow up under law in pursuance to NIT No.64/02/EEP/R&B/Pul/2018-19 dated 27th of June, 2018, however, the learned single Judge has gone beyond the scope of contempt jurisdiction by issuing further directions for providing security to the Executing Agency for which there is no direction.
Having heard the learned counsel for the appellant, we find force in the submissions of the learned counsel and, therefore, dispose of the instant appeal on the following terms:
I. The order dated 23rd of October, 2019 passed by the learned single Judge in CPOWP No.13/2019 arising out of OWP No.2457/2018 is set aside; consideration in the contempt petition is deferred and shall abide by the final orders to be passed in the writ petition;
II. The appellant/ respondent No.7, alongwith other respondents, in the writ petition shall, by the next date of hearing which we prepone to 23rd of December, 2019, file objections to the writ petition by the next date of hearing, if not already done; and
III. The learned writ Court is requested to hear the parties and decide the writ petition finally on merits, expeditiously;
Appeal disposed of as above, alongwith the connected CM.