HC rejects compliance report, directs to file 'clear compliance' else officer directed to appear in person
13/08/2022
SRINAGAR, Aug 12: High Court Of Jammu & Kashmir And Ladakh At Srinagar comprising of Justice Wasim Sadiq Nargal has in case CPOWP No. 709/2017 titled Tariq Ahmad Bhat Through: Mr. Javaid Hameed, Adv. Vs. Mr. Abdul Rahid War and Anr. Through: Mr. M. A. Chashoo, AAG vice Mr. Satinder Singh, AAG issued stern warning to respondents to file clear and complete compliance of the Court's Order.
Mr Justice Wasim Sadiq Nargal, Judge in his order observed that the present contempt petition has been preferred by the petitioner in violation of the order dated 4th August 2017, passed by this Court in OWP No. 1258/2016.
The court observed that the respondents have filed a detailed compliance report and in para 3 of the said compliance report, the period for payment has been computed from 25.03.2016 to 31.08.2016, by highlighting the amount which has been paid to the petitioner by assigning the reason that the vehicle was not under hiring/use beyond 01.09.2016 and, thus, paying of charges for the said period does not hold any merit.
The respondents while filing the aforesaid compliance report, has taken altogether a new ground which was neither the subject matter of the writ petition nor the said ground was ever taken while the case was adjudicated before the learned single judge and a detailed order was passed in this regard on 4th August 2017. Besides that, the order dated 4th August 2017, passed by this Court has assumed finality as the appeal preferred by the respondents have also been dismissed along with costs of Rs. 10,000/-. The compliance report/statement of facts filed by the respondents tantamount to reopening an issue which has already been clinched by this Court by virtue of order dated 4th August 2017 and the compliance report is not in tune with the directions passed by this Court mentioned supra.
Justice Nargal directed as follows:
"Mr. M. A. Chashoo, learned AAG, appearing vice Mr. Satinder Singh Kala, learned AAG, seeks and is granted two weeks' time to file updated statement of facts/compliance report in conformity with the directions passed by this Court on 4th August 2017 in OWP No. 1258/2016, failing which respondent no.1, shall appear in person before this Court on the next date of hearing.
List on 25.08.2022.”
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