Case BriefsHigh Courts

Jammu & Kashmir High Court: Sanjeev Kumar, J., closed a contempt petition seeking to initiate proceedings against respondents for non-compliance with the orders of the Court.

The present petition has been filed seeking initiation of contempt proceedings against the respondents for willful disobedience and non-compliance. The previous Bench had stated that the petitioner had chosen the wrong forum to adjudicate the matter and directed that due “…to the nature of controversy the writ petition was taken up for final disposal at its threshold and is disposed of by providing that writ petitioner shall approach the concerned authority with a representation which shall be considered and decided by the said Authority within a period of one month”

 The Senior Additional Advocate General representing the respondent, N. H. Shah had filed a response to the contempt petition and took the stand that the representation filed by the petitioner had been considered and the petitioner had not been found entitled to any compensation on the ground that house damaged is a non-residential house which is not covered by the policy.

The advocate representing the petitioner, G. Murtaza Dar, contended that the issue of whether the compensation is payable for the non-residential house had already been decided in affirmative by the Division Bench of the present court and since the respondents had not abided by the stated order of the Division Bench, they are in contempt.

The Court upon perusal of the facts and records stated that respondents had fully complied with the order of the Division Bench. The Court also observed the view of the Division Bench and stated that the writ court had not given any finding with regard to the entitlement of compensation to the petitioner and had categorically stated that the petitioner had chosen a wrong forum for adjudication. [Farooq Ahmad Bhat v. Syed Abid Rashid Shah, 2020 SCC OnLine J&K 122, decided on 19-02-2020]