HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP (S) No. 253/2022
In WP (C) No. 3606/2019
c/w CCP (S) No. 348/2022
CM No. 7656/2022
Sudhir Kumar …Appellant/Petitioner(s)
Through:-None.
v/s
Atal Dulloo Principal Secretary Animal Husbandry Deptt and another
…Respondent(s)
Through:-Mr. Suneel Malhotra, GA.
Coram: HO N’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER :
01. Since the order against which the instant contempt petitions have been filed is the same, therefore, this Court proposes to dispose of both the contempt petitions by way of a common order.
02. This Court vide order dated 24.04.2024 directed the respondents in both the instant contempt petitions to file the fresh compliance report and pass a detailed consideration order afresh strictly in tune with the order/judgment passed by this Court on 03.10.2019 in WP (C) No. 3606/2019 within a period of four weeks from the date the aforesaid order came to be passed.
03. Mr. Suneel Malhotra, learned GA appearing on behalf of the respondents submits that the order/judgment passed by this Court, which is sought to be complied with, through the medium of the instant contempt petition has been complied with in its letter and spirit and also the order passed by this Sr. No. 32 Court dated 24.04.2024. This Court vide order dated 24.04.2024 has been pleased to observe as under:-
“…….I am in agreement with the arguments advanced by the learned counsel appearing on behalf of the petitioners that the judgment passed by this court has not been complied with in its letter and spirit and the detailed statement of facts and the order of consideration is not in tune with the judgment passed by this court.
Accordingly, this court deems it appropriate to direct the respondents to file the fresh compliance report and pass a detailed consideration order, afresh, strictly in tune with the order/judgment passed by this court on 03.10.2019 in WP(C) No. 3606/2019 within a period of four weeks from today …. . ”
04. In compliance to the order passed by this Court, the Government order No. 378-JK (APD) of 2024 dated 25.07.2024 has been passed, whereby the claim of the petitioners has been accorded due consideration and has been found being devoid of any merit and stood rejected by virtue of the aforesaid order and a copy whereof has been placed on record as annexure-I along with compliance report.
05. Mr. Suneel Malhotra, learned GA submits that the said compliance report has already been filed before the Registry on 27.07.2024 and copy of the same has already been furnished to the other side through online mode.
However, the same is not traceable. The copy of the said compliance report has been provided to this Court, which has been taken on record.
06. There is no representation on behalf of the petitioners.
07. I have perused the compliance report filed by the respondents and also Government order dated 25.07.2024, a perusal whereof reveals that the judgment dated 14.11.2017 passed in SWP No. 315/2004 has not attained finality, as the Government has taken steps for rescinding the orders of giving retrospective effect of regularization to the petitioners, who figured in SWP No. 315/2004 but because of the restraint orders obtained in O.A./282/2023 in case titled “Ravi Kumar Vs. Agriculture Production Department” , the respondents could not proceed ahead.
08. The respondents while projecting the case of the petitioners through the medium of the aforesaid consideration have specifically observed that based on the outcome of the O.A./ 282/2023, which is pending consideration before the learned Central Administrative Tribunal, Jammu and decision thereon by the Government, the claim of the petitioners will be examined accordingly. Therefore, in due deference to the order dated 03.10.2019 passed in WP (C) No. 3606/2019 and order passed by this Court dated 24.04.2024 in the instant contempt petition, the claim of the petitioner was examined and accorded due consideration strictly in tune with the directions passed by this Court with reference to the relevant records and the rule position, which was found to be devoid of merit and hence rejected for the reasons recorded in the aforesaid order.
09. Thus, from the bare perusal of the stand taken by the respondents in the aforesaid Government order, this Court is of the view that the order/judgment sought to be complied wi
AI
Compliance with court orders is essential, and the court found that the respondents had complied with the previous judgment, leading to the closure of contempt proceedings.
Compliance with court orders can result in the closure of contempt petitions.
Compliance with court orders is essential to uphold judicial authority; willful disobedience warrants contempt proceedings.
Compliance with court order proven by producing proceedings closes contempt petition.
Contempt proceedings are rendered infructuous and may be closed when there is satisfactory evidence that the court's earlier directions have been duly complied with by the respondent.
Court closed contempt petition upon submission of compliance report confirming adherence to prior order.
A contempt petition becomes infructuous and is liable to be closed when the respondent authorities demonstrate full compliance with the initial court order, thereby negating the allegation of willful....
Non-compliance with court orders can lead to contempt proceedings under the Contempt of Court Act.
Court closed contempt petitions upon recording contemnor's submission of compliance with prior writ orders.
Compliance with court orders under contempt proceedings is essential for maintaining judicial authority.
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