In a contempt petition, the Single Judge held that no implementation could be sought against a wrongly named executing authority. The petition was disposed of with liberty to serve the correct respondent.
Disposed with liberty to serve the order on Chief Engineer, Kashmir, for compliance.
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. 106 Before Notice List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 73/2021
Wali Mohammad Sofi
….. Petitioner(s)
Through: - None
V/s
Mehraj ud Din Sherwani
….. Respondent(s)
Through: - Mr. Irfan Andleeb, Dy. AG
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge
(ORDER)
12.08.2021
The direction of which the implementation sought is against the Chief Engineer, Kashmir, Irrigation and Flood Control Department, Kashmir, Srinagar, who is respondent No. 2 in the writ petition. However, the petitioner has arrayed the Executive Engineer Irrigation and Flood Control Division, Baramulla as contemnor in the contempt petition, from which no implementation can be sought.
In view of above, the instant contempt petition is disposed of with liberty to petitioner to serve the order to Chief Engineer, Kashmir, Irrigation and Flood Control Department, Kashmir, Srinagar, who is respondent No. 2 in the writ petition for seeking compliance. In the event, the order is not implemented, petitioner is at liberty to approach the Court again.
Disposed of.
(Ali Mohammad Magrey) Judge
SRINAGAR
12.08.2021
“Mohammad Yasin Dar” MOHAMMAD YASIN DAR 2021.08.12 16:10 I attest to the accuracy and integrity of this document
Wali Mohammad Sofi
Mehraj ud Din Sherwani
Ali Mohammad Magrey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
