Bharat Bhushan Suri vs Mohammad Shoib

In terms of order passed on 27.07.2022, Respondent-Shoib Mohammad, the then Tehsildar Pahalgam is present along with counsel.

Respondent-Tehsildar, has filed an application bearing CM No. 5453/2022, seeking exemption from personal appearance as also dropping the proceedings on the grounds detailed out in the application with particular reference that the applicant has only remained posted as Tehsildar, Pahalgam from 13.03.2013 to 15.02.2014 and during this time, he has ensured implementation of the orders of this Court. The communication annexed with the application reveals that the petitioner was asked to approach the applicant for taking over possession of the identified shop.

Mr. Shuja Ul Haq, learned counsel appearing on behalf of the applicant to provide copy of application along with annexures to the Assistant Counsel of Mr. Z.A. Qureshi, learned senior counsel representing the petitioner, who shall file response within two weeks.

On oral submission and in order to settle the controversy, it has become necessary to implead Mohammad Hussain, present Tehsildar, Pahalgam, as party respondent in the contempt petition. He shall figure as Respondent No. 2.

Notice shall be served to the Respondent No. 2, who shall file his response by the next date.

The applicant Mohammad Shoib, who as stated, is presently posted as Deputy Secretary, General Administration Department, shall inform the present incumbent i.e. Tehsildar, Pahalgam, to do the needful as directed by the next date. Both the officers shall remain present before the Court on the next date of hearing so as to ensure compliance of the orders and further exemption.

List on 21.10.2022.

Registry to provide copy of this order to Mr. Shuja Ul Haq, learned appearing counsel for the respondents for compliance.