Excelsior Correspondent
Srinagar, Sept 18: High Court has directed the Deputy Commissioner Srinagar to take the proceedings in preservation and protection of migrant property to its logical end and deliver the possession to its rightful owner.
Hearing an application moved by Meenakshi and others for initiating contempt proceedings against the respondents for wilful disobedience and non-compliance of the judgement passed by the court, whereby the Deputy Commissioner, Srinagar, was directed to perform the statutory duties as enjoined under the provisions of the J&K Migrant Immovable Property (Preservation, Protection & Restraint on Distress Sales) Act, 1997 and pass necessary orders as may be warranted in law for preservation and protection of the property in question.
The Deputy Commissioner filed the Compliance Report and submitted that the action in compliance to the judgement was initiated and the property was taken possession of and placed on Supurdnama of the Village Guard -Abdul Aziz Ganai and thereafter the property has been put under the control of Tehsildar concerned.
It has been further submitted that the matter with regard to the illegal encroachment on the property has also been taken up with the Crime Branch for starting the investigation in the matter.
“However, as per direction of this Court, respondents are under statutory obligation to take the proceedings to the logical end, which may even include delivery of possession to the rightful owner”, Justice Sanjeev Kumar directed.
Petitioner counsel however, submitted that the Compliance Report, filed by the respondents, is not in full compliance of the directions of the Court as the proceedings initiated under the Act are yet to be taken to the logical end.
“I am of the view that there is no wilful disobedience and non-compliance of the judgement passed by this Court and, therefore, no action is required to be initiated for the contempt of the Court”, Justice Kumar said and directed the DC concerned to take the proceedings as initiated in the matter to its logical end.
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