Abdul Qayoom Sheikh v. Kumar Rajeev Ranjan and Others

Serial No. 28 Regular Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

CCP (S) No. 237/2023 in OWP No. 238/2007

Abdul Qayoom Sheikh … Petitioner(s)

Through: - Mr Hakim Suhail Ishtiaq, Advocate. V/s

Kumar Rajeev Ranjan and Ors. … Respondent(s) Through: - Mr Mohsin-ul-Showkat Qadri, Sr. AAG with Ms Maha Majeed, Assisting Counsel. CORAM:

HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)

15.04.2026

01.

This case is taken up out of turn, on mention made by the learned Counsel for the Petitioner.

02.

The Petitioner had commenced this Petition for initiation of contempt proceedings for wilful disobedience of the Order dated 24th of April, 2007 passed by this Court in OWP No. 238/2007 titled 'Abdul Qayoom Sheikh v. State of J&K and Ors.' read with Order dated 15th of December, 2007 passed in Review Petition No. 29/2007.

03.

The Petitioner had filed a Writ Petition, being OWP No. 238/2007, alleging therein that the Respondents had taken his proprietary land measuring 17 Kanals and 03 Marlas comprising of Survey No. 654 Min of village Haripora, Kangan in late Eighty's without payment of any compensation with respect thereto and had, accordingly, prayed for a direction upon the Respondents to pay him due compensation for the aforesaid land.

04.

The Respondents, while appearing before the Writ Court, had made reference to a communication of the Divisional Commissioner, Kashmir under No. Div.Com/AS/(927) dated 4th of February, 2006 to the

Financial Commissioner (Revenue), asking for conclusion of the acquisition proceedings.

05.

In view of the submissions made by the appearing parties, OWP No. 238/2007 came to be disposed of by the Writ Court vide Order dated 21st of April, 2007 with a direction that the Respondent-Police Department, if in possession of the land in question, may formally initiate acquisition proceedings, provided the same is proprietary land of the Petitioner or of any other individual and process the same for payment of due compensation to lawful owners of the land in accordance with the Land Acquisition Act after securing the requisite administrative approval from the concerned quarters.

06.

Having been aggrieved of the non-compliance of the aforesaid Order passed by the Writ Court, the Petitioner filed this Contempt Petition, asserting therein that the Respondents have wilfully disobeyed the Order passed in OWP No. 238/2007 as also the Order dated 15th of December, 2007 passed in the Review Petition arising out of the aforesaid Writ Petition.

07.

During the pendency of this Contempt Petition, statements were made on behalf of the Respondents that the parties, through private negotiations, agreed in the Private Negotiations Committee (PNC) meeting dated 5th of November, 2024 that the land of the Petitioner measuring 11 Kanals and 10 Marlas used by the Respondents shall be compensated at the rate of Rs. 14.00 lacs per Kanal, as such, a letter dated 11th of March, 2026 of the Collector, Land Acquisition/ Sub-Divisional Magistrate, Kangan was placed on record informing the Director General of Police, J&K to deposit the compensation amount communicated in PNC meeting dated 5th of November, 2024 before the Registry of this Court.

08.

Mr Hakim Suhail Ishtiaq, the learned Counsel for the Petitioner, while appearing, submits that the Respondents have deposited whole of the amount payable to the Petitioner before the Registry of this Court, as such, no further proceedings are required to be taken in this Petition and same is required to be disposed of as settled.

09.

In view of the aforesaid statement made by the learned Counsel appearing for the Petitioner to the effect that the matter has been fully and finally settled between the parties, the present Contempt Petition is disposed of as settled. The amount deposited by the Respondents with the Registry of this Court, along with interest accrued thereon, if any, is directed to be transferred to the account of the Petitioner directly, of course, subject to proper identification by his Counsel under Rules.

10.

Disposed of.

(M. A. CHOWDHARY)

JUDGE SRINAGAR April 15th, 2026 "TAHIR" Tahir Manzoor Bhat authenticity of this document