July 20, 2024

Salary of Commissioner Secretaries to Govt and DC Ganderbal attached, Arrest warrant issued.

Salary of Commissioner Secretaries to Govt and DC Ganderbal attached, Arrest warrant issued.

Judgment Summary:
While dealing with an executiion petition seeking enforcement of its judgment,the court of Sub Judge Ganderbal reiterated its previous judgment, declaring the plaintiffs entitled to compensation for land taken for road construction.

By the judgment and decree,The defendants/ Judgment debtors were directed to assess the land and process compensation within two months from the judgment date.

Non-compliance: Despite the judgment, the defendants have not complied, indicating a disregard for the legal process. The judgment debtors preferred appeal but they failed to get any stay from the Appellate court. The court noted that mere filing of an appeal does not stay the judgment.


Court’s Direction: Considering the continued non-compliance by senior officers of Government who are expected to respect law of the land and orders of court, the court decided to enforce the judgment through coercive measures under Order 21 Rule 30 CPC. This includes issuing bailable warrants and attaching the salaries of the judgment debtors.
Bailable Warrants: The court directed the issuance of bailable warrants of Rs. 50,000 against the judgment debtors, including high-ranking bureaucrats like the Commissioner Secretaries of Revenue and R&B Department, Deputy Commisioner (Collector Land Acquisition), Tehsildar Lar, Chief Engineer R&B, and Executive Engineer R&B Division Ganderbal. DIG Central Srinagar has been directed to execute the warrants.
Salary Attachment: The court also ordered the attachment of the judgment debtors’ salaries until the judgment is complied with, emphasizing the need for public servants to respect court orders.
Further Orders: The court has set the next hearing for 09.07.2024 and directed that compliance with the judgment would prevent arrest and salary attachment.This order marks a significant step towards enforcing judicial decisions and ensuring public officers howsoever high they are, have to adhere to the rule of law in Jammu and Kashmir.

It is a very significant order where Rule of Law is given top priority and the same is enforced by a local court of Hon’ble Sub Judge/ Chief Judicial Magistrate Ganderbal who sought compliance from Government bureaucrats through coercive measures irrespective of their cadres. The court observed that in a State/ country ruled by Rule of Law this non- compliance on the part of public servants cannot be tolerated.



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