LAWS(J&K)-2020-2-69

FAROOQ AHMAD BHAT Vs. SYED ABID RASHID SHAH

Decided On February 19, 2020
Farooq Ahmad Bhat Appellant
V/S
Syed Abid Rashid Shah Respondents

JUDGEMENT

(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:

(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.