Abdul Rashid Bhat v. Ajay Kumar and Ors. (Defence) Owp/529/2014

Serial No. 14 Regular List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

CCP(S) No. 403/2022 in

OWP No. 529/2014

Abdul Rashid Bhat ….. Appellant/petitioner(s) Through: - Ms. Shazia Bashir, Advocate vice Mr. S. A. Naik, Advocate

V/s Ajay Kumar and Ors. ….. Respondent(s) Through: - Mr. T. M. Shamsi, DSGI with Ms. Shagufta Maqbool, Advocate Mr. Satinder Singh, AAG

CORAM: HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

(ORDER)

20.12.2024

In the instant petition, petitioner has alleged violation of order passed by this Court on 02.05.2016. Paragraph 7 of the said order being relevant is taken note of:- " 7. For the above stated reasons, this petition is disposed of along with connected IAs in the following manner: " By issuance of Writ of Certiorari, order dated 02nd December, 2013, passed by respondent No. 3-defence Estates Officer, Kashmir Circle, Srinagar is quashed. Respondents 1 to 5 are directed to forthwith pay the rent of the land measuring 11 Kanals & 07 marlas, covered by Survey No. 710, situated at Singhpora, Baramulla, to the petitioner by treating the same to be an orchard. The land shall be, accordingly assessed from 01st June, 1994 and the amount of rent, minus the amount already paid, shall be paid to the petitioner within four weeks from the date copy of this order is served on respondents 1 to 5."

Statement of facts stands filed by the respondents, it is stated that in compliance to the order passed by this Court on 02.05.2016, payment of Rs. 10, 18, 289/- (Ten Lakh Eighteen Thousand Two Hundred Eighty nine only) on account of rentals has been deposited with the Registrar of the Court vide Mohammad Yaseen Dar authenticity of this document

Cheque bearing No. 232496 dated 01.12.2017 for the land measuring 11 Kanals 07 Marlas comprising of Khasra No. 710 at orchard rates w.e.f.

01.07.1994 to 31.03.2017 and further payment of rentals has also been paid to the petitioner as per land classification (07 Kanals and 01 Marla-2nd Class and 04 Kanals and 06 Marlas as Class-3rd ) up to 30.09.2021. It is further stated that an amount of Rs. 13,80,240/- has already been deposited with the Deputy Commissioner, Baramulla. The Tehsildar, Baramulla vide letter dated 09.11.2023, has issued directions to the Manager J&K Bank T. P. Baramulla to credit an amount of Rs. 13,80,240/- in the account No 0627040100000408 of Sh. Abdul Rashid Bhat S/o Gh. Hassan Bhat. It is further stated that amount has already been deposited with the Deputy Commissioner, Baramulla, therefore, respondents have implemented the order dated 02.05.2016, passed by this Court in its letter and spirit. In view of above, the contempt proceedings are closed. However, the petitioner is at liberty to seek revival of the contempt petition, in case he is aggrieved of the implementation of the order dated 02.05.2016.

(MOKSHA KHAJURIA KAZMI)

JUDGE SRINAGAR

20.12.2024 "Mohammad Yasin Dar"

Mohammad Yaseen Dar authenticity of this document