FAROOQ AHMAD BHAT Vs. SYED ABID RASHID SHAH
LAWS(J&K)-2020-2-69
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 19,2020

Farooq Ahmad Bhat Appellant
VERSUS
Syed Abid Rashid Shah Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)This is a petition seeking initiation of contempt proceedings against the respondents for willful disobedience and non-compliance of the judgment dated 19th February, 2015 passed in OWP no.256/2015, the operative portion of which reads as under:
'The petitioner has chosen a wrong forum to agitate the matter. However, keeping in view the nature of controversy the writ petition is taken up for final disposal at its threshold and is disposed of by providing that writ petitioner shall approach the concerned authority with a representation which shall be considered and decided by the said Authority within a period of one month and he is paid whatever compensation is due to him from the date representation is received. Disposed of along with all CMPs.'

(2.)In response to the contempt petition, the respondents have filed statement of facts and taken a stand that the representation filed by the petitioner has been considered and the petitioner has not been found entitled to any compensation on the ground that house damaged is a non-residential house which is not covered by the policy.
(3.)Learned counsel for the petitioner submits that the issue as to whether the compensation is payable for non-residential house has already been decided in affirmative by the Division Bench of this Court vide judgment dated 29th October, 2015 passed in OWP no.1306/2015 and therefore, rejection of representation of the petitioner is contrary to the judgment of the Division and, therefore, the respondents are in contempt.
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