STATE OF J&K Vs. MANJEET SINGH

JUDGEMENT

(1.) THE question that has come up for consideration in this case is whether the Contempt Court is justified in determining on what price the proprietory rights are to be conferred upon the petitioners?

(2.) THE learned Single Judge who heard the contempt case has passed an interim order on December 16, 2004 which is as good as a final order holding that the respondents (contemnors) cannot demand more than Rs. 2 lacs per kanal to transfer the proprietory rights in favour of the petitioners. The State of Jammu and Kashmir and its officers have come up with this appeal against the interim order passed by the learned Judge in the contempt proceedings, contending that Contempt Court has no jurisdiction to determine the amount to be paid by the petitioners for transfer of proprietary rights.

(3.) WRIT petition no. 933/95 was preferred by the petitioners (respondents herein) seeking a writ of mandamus directing the respondents to regularize the leased land measuring 6 kanals, 8 marlas and 212 square feet under Khasra no. 146 and 213/min situated in Estate Kothibagh, Sriangar, in favour of the petitioners on proprietary basis and also for other consequential reliefs. Contention was raised before the learned Single Judge that the petitioners were entitled to proprietary rights in terms of Government Order dated August 17, 1981 while the State and its officers took up the stand that the petitioners were not entitled to get proprietory rights in terms of the above mentioned order since the same was substituted by another order dated September 24, 1985.