Excelsior Correspondent
Srinagar, Oct 11: The High Court has issued bailable warrants and sought personal appearance of various high ranking officials of Government for non-compliance of the court orders.
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Justice Javed Iqbal Wani has issued bailable warrants against the Commissioner/Secretary Housing & Urban Development Department (H&UDD)-Mandeep Kour for not remaining present and explaining as to why she shouldn’t be punished in contempt proceedings.
Upon consideration of the matter at the court there was nobody present on behalf of the contemnor-Kour so much so the contemnor herself was not present in person as well. The court under these circumstances, directed the Registry to issue bailable warrants against the contemnor.
The SSP concerned has been directed to execute the warrants to the tune of Rs.10,000 against contemnor in order to secure her presence before the court on next date of hearing.
It is noted that the contemnor on previous hearing of the case openly stated in the court that the judgment and order in question could not be implemented, owing to the non-availability of the posts of Executive Engineers in the Srinagar Municipal Corporation (SMC).
The court while proceeding against the contemnor said prima facie the statement of the official is contemptuous qua the order and judgment and said the official found to have committed contempt of Court for having disobeyed judgment and order in question besides having sworn a false affidavit while denying the availability of the posts of Executive Engineers in the Corporation in presence of the Government orders as well.
The court, in the basic judgment, had directed the authorities to initiate process for filling up the post of Executive Engineer, if any lying vacant in the Corporation, in accordance with rules and if the petitioner is eligible and entitled to the promotion, he shall be considered along with other eligible candidates.
In other contempt proceedings, the same court sought personal appearance of the Executive Engineer (PHE) department. Justice Wani deferred the contempt proceedings at the request of contemnors, who have undertaken to pay an amount of Rs 3 lakhs to the petitioner out of the outstanding amount of approximately Rs 4 lakhs herein being arrears payable to him.
“…however, contemnor-Executive Engineer PHE shall remain present in person before the Court on next date of hearing”, the court directed.
Justice Rahul Bharti has sought personal appearance of Deputy Commissioner and Collector Land Acquisition Anantnag in land acquisition proceedings.
The Chief Engineer PMGSY JKRRBA Kashmir submitted before the court that the compensation amount payable in favour of the petitioner-land owners in compliance to the writ court judgment has been deposited with the Collector Land Acquisition.
The court said that the Collector Land Acquisition is having the requisite funds at his disposal meant to be disbursed to the petitioners but despite the fact is not doing requisite compliance. The court in these circumstances directed the personal appearance of the Deputy Commissioner, Anantnag as well as Assistant Commissioner Revenue (Collector Land Acquisition), Anantnag on the next date of hearing to explain why petitioners are being made to suffer as beggars before the authorities concerned.
The court has also sought the personal appearance of Tehsildar Batamaloo Srinagar for disobeying the court order. The Tehsildar, despite staying the sealing order of a poultry farm by the court, has again sealed the farm in question of the petitioner leaving the court order aside.
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