Jammu & Kashmir High Court
Mian Khan & Ors vs Prasanna Ramaswamy G & Ors on 15 April, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 41
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CCP (S) No. 77/2024 in
WP(C) No. 2039/2022
Mian Khan & Ors. .....Applicant(s)/Petitioner(s)
Through :- Mr. C M Koul, Sr. Advocate with
Mr. A R Bhat, Advocate
v/s
Prasanna Ramaswamy G & Ors. .....Respondent(s)
Through :- Mr. Ravinder Gupta, AAG
Ms. Chetna Manhas, Assisting counsel to
Mrs. Monika Kohli, Sr. AAG.
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
15.04.2026
1. By this petition, petitioners herein has alleged non-
compliance/willful disobedience of the order dated 23.08.2023
passed by this Court in WP(C) No. 2039/2022, whereby the
respondents were directed to initiate steps for acquiring the land of
the petitioners under Right to Fair Compensation and Transparency
in Land Acquisition Rehabilitation and Resettlement Act, 2013
within a period of six weeks from the date of passing of the order
with a further direction to the Deputy Commissioner concerned to
pay rental compensation for the use and occupation of the land in
question from the date the respondents have taken the possession of
the same till its final realization @ 1 lac per year within a period of
three months from 23.08.2023. In addition to above directions, the
respondents were also directed to pay penalty to the tune of Rs. 1.00
CCP (S) No. 77/2024 in WP(C) No. 2039/2022 Page 1 of 4
lac to the petitioners within a period of three months from the date
of passing of the said order.
2. The judgment (supra) was challenged by the respondents before the
Hon’ble Division Bench of this Court by way of an appeal bearing
LPA No. 204/2023, which came to be disposed of on 15.12.2025,
whereby order dated 23.08.2023 passed by the Writ Court, was
modified. Relevant portion of order dated 15.12.2025 reads as
follows:-
“…..Under the circumstances, we are of the view that the
present appeal can be disposed of by modifying the
directions issued specifically to Deputy Commissioner by
clarifying that Deputy Commissioner shall pay the rental
compensation and penalty as directed by the Writ Court, on
such amounts being deposited by the respondents, more
particularly the indenting department to enable the Deputy
Commissioner to comply with the directions issued by the
learned Writ Court.
With the above clarification, the present appeal stands
disposed of.”
3. Dissatisfied by the order of the Division Bench passed in LPA No.
204/2023, SLP has been preferred before the Supreme Court, which
came to be dismissed for non-prosecution. An application, seeking
restoration of the SLP is stated to have been filed, however,
respondents have not been able to produce any order passed in their
favour by the Supreme Court.
4. On 24.02.2026, the instant contempt petition was adjourned for the
production of any order passed by the Apex Court with the
CCP (S) No. 77/2024 in WP(C) No. 2039/2022 Page 2 of 4
direction to the respondents that in case they are not in a position to
get any favorable order staying the proceeding of the instant
contempt petition, then they shall come up with the final
compliance of the order dated 23.08.2023.
5. Respondent No. 6-Executive Engineer, PW (R&B), Rajouri, who is
present before this Court through virtual mode, states that the SLP
filed by them was dismissed for non prosecution, however, an
application seeking restoration of the same is likely to be listed on
17.04.2026.
6. Chief Engineer, PW (R&B) Department, Pir Panjal Rajouri, who is
present in the Court today, states that as on date, nobody is being
posted as Commissioner-cum-Secretary to Govt., PW (R&B)
Department, as such, respondent No. 5 could not appear before this
Court today. Moreover, he further submits respondent No. 5 has
already been transferred.
7. In the interest of justice, Mr. Anil Kumar Singh, who is holding the
post of Financial Commissioner/Additional Chief Secretary,
PW (R&B) Department at present, is arrayed as respondent No. 7 in
the instant contempt petition.
8. Registry is directed to update the cause title of the petition.
9. Notice.
10. Mr. Ravinder Gupta, learned AAG waives notice on behalf of
newly impleaded respondent No. 7. He seeks and is granted two
weeks’ time to file the compliance report.
11. List again on 04.05.2026.
CCP (S) No. 77/2024 in WP(C) No. 2039/2022 Page 3 of 4
12. The Chief Engineer, PW (R&B) Department, Pir Panjal Rajouri,
who is present in the Court today and respondent No. 6, who is
present through virtual mode, their presence is dispensed with for
the time being.
(Moksha Khajuria Kazmi)
Judge
JAMMU
15.04.2026
Ram Krishan
CCP (S) No. 77/2024 in WP(C) No. 2039/2022 Page 4 of 4