Handover area in possession of Tehsildar Kishtwar to court: DB

STATE TIMES NEWS
JAMMU: A Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Janak Raj Kotwal directed the Divisional Commissioner Jammu and Deputy Commissioner Kishtwar to handover the area including Strong Room on the second floor under the occupation of District Treasury Kishtwar, Modern Record Room and Qanoon Go Sections in the ground floor under the possession of Tehsildar Kishtwar, two small rooms of Tehsildar Settlement under the possession of Tehsildar Kishtwar (S.Nos.15, 20 and 21 of the status report filed by DC Kishtwar) to the Principal District and Sessions Judge, Kishtwar within a period of two months. The Division Bench further directed that needless to state that the respondents shall be at liberty to make alternative arrangements to ensure handing over of the aforesaid premises. These court directions were passed in a contempt petition filed by Bar Association Kishtwar through its President I.A. Hamal seeking initiation of contempt of court proceedings against the Divisional Commissioner, Jammu and Deputy Commissioner Kishtwar for not implementing the directions of the Division Bench despite the approval granted to the shifting of the Kishtwar Courts to the Old Deputy Commissioner Office Complex Kishtwar by the competent authority on 17th October 2016.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan and Advocate I.A. Hamal President Bar Association Kishtwar appearing for Bar Association Kishtwar and Senior AAG Seema Khajooria Shekhar appearing for Divisional Commissioner Jammu and Deputy Commissioner Kishtwar, the Division Bench headed by Justice Alok Aradhe observed that it is evident that the direction had been issued to the Deputy Commissioner Kishtwar to handover the possession of the entire Old Deputy Commissioner’s Office Complex Kishtwar to the judiciary and in purported compliance of the aforesaid order, the Deputy Commissioner Kishtwar has handed over the possession of part of the premises of the old Deputy Commissioner’s Office Complex, Kishtwar. However, the Division Bench found that certain portions including aforesaid sections and rooms of the premises forming part of the Deputy Commissioner’s Office Complex have not been handed over, which is evident from the status report furnished by the Deputy Commissioner Kishtwar.
Needless to mention herein that a Division Bench of the State High Court on 27th May 2016 in a Public Interest Litigation filed by Bar Association Kishtwar had directed that on shifting of old Deputy Commissioner’s Complex Kishtwar to new complex, it shall be ensured that the old complex is not used for any other purpose except providing space to the Judiciary.

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