This Court closed a contempt petition alleging violation of an interim rental direction order, satisfied that the relevant processing was completed and no liability existed, while sustaining the main writ petition.
The contempt petition was closed; the main writ petition is listed for hearing on the appointed date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 08 Before Notice Matters
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 142/2021 In WP(C) No. 562/2020
Murad Ahmad.
….. Petitioner(s)
Through: -
Mr Faisal Javid, Advocate.
V/s
Imtiyaz Ahmad Wani & Anr.
….. Respondent(s)
Through: -
Mr Shah Aamir, AAG vice Mr B.A. Dar, Sr AAG.
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
17.08.2021
In the instant contempt petition, the petitioner alleges violation of interim order passed by this Court on 2nd of March, 2020 in writ petition bearing WP(C) No. 562/2020, in terms whereof, this Court while issuing notice the other side, had directed the respondents to process the case of the petitioner for payment of pending rental, if any.
Statement of facts stand filed, wherein it is stated that beyond the hiring period, the petitioner on his own allowed Shri Raja Waheed to be in possession of his house, therefore, there is no liability for payment of rentals to the petitioner with the respondents. It is further stated in the statement of facts that the petitioner has been paid rentals from 1st of May, 2017 to April, 2018 in terms of the allotment.
Court is satisfied with the processing of the case, therefore, there is no
contempt but the claim of the petitioner will survive in the main petition.
In view of the above, the contempt petition shall stand closed .
Main petition be listed on the appointed date.
( Ali Mohammad Magrey) Judge
SRINAGAR: 17.08.2021 “Hamid”
ABDUL HAMID BHAT 2021.08.17 17:10 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a notice issued in a contempt petition alleging violation of an interim order warrants dismissal for lack of substantial violation when facts indicate no liability remains.
Murad Ahmad
Imtiyaz Ahmad Wani
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
