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2003 DIGILAW 94 (JK)

Ali Mohd. Dar v. Najam-u-Saqib

2003-04-22

PERMOD KOHLI

body2003
1. Contempt proceedings are sought to be initiated for non-compliance of order dated:- 02.09.1999 passed by this court in SWP No. 2596/1994. 2. A similar petition, seeking implementation of court direction and initiating contempt proceedings for its non-implementation was filed on 06.09.2000, being contempt petition No. 349/2000 which came to be dismissed vide order dated:- 26.02.2002. A copy of the dismissal order is Annexure ˜C™ with contempt petition. While dismissing the petition, the court observed that there has been no non-compliance of order of the court. 3. In the event the petitioners are aggrieved of the order dated:- 26.04.2002, the remedy was to have assailed the said order in appropriate forum. Once this court has held that there has been no non-compliance and the order has attained finality, the same cannot be re-agitated in fresh contempt proceeding. 4. In this view of the matter, this contempt petition is held not to be maintainable and is consequently dismissed.