Balwant Singh and Another Vs Vijay Kumar Bidhuri Commissioner Secretary Revenue Deptt and Others

Sr.No.02

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

CCP(D) No. 39/2022 in [OWP No. 372/2018]
Kartar Singh, age 62 years S/O Sh. Nand Lal, R/O Village Roun, District Udhampur. ….Appellant/Petitioner(s)
Through :- Mr. Munish Sharma, Advocate V/s
1. Vijay Kumar Bidhuri, Commissioner Secretary, Revenue Department, UT of J&K
2. Kritika Jyotsna, Deputy Commissioner, Udhampur. 3. Mohd. Syed Khan, Collector Land Acquisition, Additional Deputy Commissioner, Udhampur ….Respondent(s)
Through :- Mrs. Monika Kohli, Sr. AAG
CCP(D) No. 40/2022 in [OWP No. 363/2018] 1. Balwant Singh, Aged 33 years, S/O Chain Singh, R/O Village Roun, District Udhampur.
2. Majer Singh, Aged 30 years S/O Chain Singh, R/O Village Roun, District Udhampur. ….Appellant/Petitioner(s)
Through :- Mr. Munish Sharma, Advocate V/s 1. Vijay Kumar Bidhuri, Commissioner Secretary, Revenue Department, UT of J&K
2. Kritika Jyotsna, Deputy Commissioner, Udhampur. 3. Mohd. Syed Khan, Collector Land Acquisition, Additiona Deputy Commissioner, Udhampur ….Respondent(s)
Through :- Mrs. Monika Kohli, Sr. AAG
CCP(D) No. 41/2022 in [OWP No. 373/2018]
1. Karnail Singh, aged 45 years, S/O Dharam Singh,
R/O Village Roun Domail, Udhampur.

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2 CCP(D) Nos. 39, 40 & 41/2022

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Sumit Singh, Aged 32 years, S/O Dharam Singh, R/O Roun Domail,Udhampur.

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Ashok Kumar, Aged 38 years S/O Dharam Singh, R/O Roun Domail, Udhampur.

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….Appellant/Petitioner(s)

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Through :- Mr. Munish Sharma, Advocate

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V/s

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Vijay Kumar Bidhuri, Commissioner Secretary, Revenue Department, UT of J&K

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Kritika Jyotsna, Deputy Commissioner, Udhampur.

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Mohd. Syed Khan, Collector Land Acquisition, Additiona Deputy Commissioner, Udhampur

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….Respondent(s)

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Through :- Mrs. Monika Kohli, Sr. AAG

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HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

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ORDER(ORAL) 01.05.2024

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The present contempt petitions have been preferred by the contempt petitioners for enforcement of the order passed by the Division Bench of this Court on 09.08.2021. The contempt petitioners’ land was acquired. Their contention is that the compensation was not paid to them. They approached this Court by way of separate writ petitions, which were allowed in their favour by a common judgment. The relevant paragraph is para-7 in which the Coordinate Bench has held that the petitioners were entitled to compensation under the law and directed the Collector Land Acquisition, Udhampur to release the award amount, if any, deposited by the Union of India in favour of the petitioners. However, the same paragraph also gives the liberty to the respondents (contemnors herein), to avail remedy before the appropriate forum, if any available. The petitioners say that in order to defeat this relief granted by the Coordinate Bench, the respondents filed the references before the District Judge, which are not

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3 CCP(D) Nos. 39, 40 & 41/2022

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maintainable under law. However, they submit that they would prefer to challenge the references before appropriate forum.

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Under the circumstances, learned counsel for the petitioners has prayed for disposal of these contempt petitions with a liberty that in the event, the references are decided in favour of the contempt petitioners, and the compensation which has to be paid to the petitioners in the light of paragraph-7 of the Coordinate Bench’s judgment, is not complied with by the respondents, they be allowed to prefer a fresh contempt petition before this Court. The prayer is reasonable. The contempt petitions are disposed of with liberty as prayed for herein above. It is also made clear that the time taken by the reference Court to decide the references before it shall not be an impediment to the petitioners’ cause on account of limitation. Even otherwise, this Court has ample power under Article 215 to enforce its orders ex debito justitiae.

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The contempt petitions stand disposed of in the aforesaid terms.

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(Rajesh Sekhri) (Atul Sreedharan) Judge Judge

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Jammu:

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01.05.2024 Vijay

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Whether the order is speaking: Yes Whether the order is reportable: No

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Vijay Kumar 2024.05.02 11:11 I attest to the accuracy and integrity of this document

Balwant Singh and Another v. Vijay Kumar Bidhuri Commissioner Secretary Revenue Deptt and Others

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Balwant Singh and Another v. Vijay Kumar Bidhuri Commissioner Secretary Revenue Deptt and Others

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