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Judgment
Wasim Sadiq Nargal, J
The instant contempt petition arises out of the order/judgment dated 20.01.2025 passed in WP(C) No.92/2025, whereby, the writ petition preferred by the petitioners was disposed of at the very threshold, with the direction to respondent No.4 to consider the representations filed by the petitioners for removal of encroachment made on the drain adjacent to the house of Virji Bindroo H.No.91, Lane 1, Lakar Mandi Janipur, Jammu. It has also been further clear that in case any illegal construction/encroachment was found on the said drain, the respondents were directed to remove the same in accordance with law within a period of two months from the date of passing of the aforesaid order. Since, the aforesaid order was not complied with within the time granted by the Court, the petitioners were constrained to prefer the instant contempt petition in which notice was issued on 07.04.2025.
Ms. Priyanka Bhatt, Assisting Counsel appearing vice Mrs. Monika Kohli, Sr. AAG on behalf of the respondent Nos.1, 2, 3 & 5 submits that she has already filed statement of facts/compliance report in which a stand has been taken that they are not necessary party in the instant contempt petition as the direction has been issued only to respondent No.4 and thus she submits that the said respondents be struck off from the array of the respondents in the instant contempt petition.
Since, the direction was issued to respondent No.4 to comply with the aforesaid order but said order till date has not been complied with. On the asking of the Court, Mr. Vishal Bharti, learned Dy. AG has caused appearance on behalf of the respondent No.4, who assures the Court that the order/judgment shall be complied within a period of two weeks.
In the light of the assurance extended by Mr. Bharti, learned Dy. AG appearing on behalf of the respondent No.4, no fruitful purposes will be served to keep this contempt petition alive and accordingly, this Court in the aforesaid backdrop deems it proper to dispose of the instant contempt petition by directing the respondent No.4 to comply with the order/judgment dated 20.01.2025 passed by this Court in its letter and spirit, preferably within a period of two weeks from today.
Accordingly, the proceedings in the instant contempt petition are closed. Rule, if any framed, shall stand discharged.
It is, however, made clear that, in case, the order is not complied with within the aforesaid period, the petitioners will be at liberty to revive the present contempt petition, and in that eventuality this Court will be constrained to take coercive measures against the respondent No.4-Devansh Yadav, Commissioner, Jammu Municipal Corporation (JMC) Jammu.
Registry is directed to forward this order to the respondent No.4-Devansh Yadav, Commissioner, Jammu Municipal Corporation (JMC) Jammu for its immediate compliance.
Disposed of in terms aforesaid.