MANZOOR AHMAD MALIK v. UT OF J AND K TH. COMMISSIONER SECRETARY IRRIGATION AND FLOOD CONTROL DEPT. JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE SANJEEV KUMAR,HON'BLE MR. JUSTICE PUNEET GUPTA
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-12-30. MANZOOR AHMAD MALIK v. UT OF J AND K TH. COMMISSIONER SECRETARY IRRIGATION AND FLOOD CONTROL...
Judgment text
Sr. No. 09 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 253/2024 Manzoor Ahmad Malik ..... Applicant(s)/Petitioner(s) Through :- Mr. M I Khan, Advocate v/s UT of J & K & Ors. ..... Respondent(s) Through :- Ms. Saggira Jaffer, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 30. 12. 2024 1. This appeal in terms of Section 19 of the Contempt of Courts Act is directed against the order dated 03. 12. 2024 passed by the learned Single Judge [“the Contempt Court”] in CPOWP No. 136/2013, whereby the Contempt Court has dismissed the contempt petition with liberty to the petitioners to work out remedy against the rejection order dated 22. 04. 2024. 2.
Learned counsel for the respondents takes a preliminary objection with regard to the maintainability of this appeal on the ground that the order of dropping the contempt proceedings is neither appealable under Section 19 of the Contempt of Courts Act nor under Clause 12 of the Letters Patent. 3. Heard learned counsel for the parties and perused the material available on record, we are of the considered opinion that the instant appeal, which is directed against an order of the Contempt 2 LPA No. 253/2024 Court dropping the contempt proceedings is not maintainable under Section 19 of the Contempt of Courts Act. 4. Since, the Contempt Court has not passed any fresh directions or decided any issue on merits, as such, Letters Patent Appeal under Clause 12 would also be not maintainable. 5. For the forgoing reasons, this appeal is dismissed along with connected application(s), if any, with liberty to the appellant to work out his remedy, in accordance with law.
(Puneet Gupta) (Sanjeev Kumar) Judge Judge JAMMU 30. 12. 2024 Manan Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Manan Mahajan 2024. 12. 30 17:25 I attest to the accuracy and integrity of this document
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