Court Warns ACR Bandipora of Jail for ‘Wilful Contempt’

Sheikh Saleem

Bandipora, May 29: A local court in Bandipora has put Assistant Commissioner Revenue (ACR), Bandipora on notice for alleged wilful and deliberate disobedience of court orders in a long-pending land compensation case.

Court has asked ACR to explain he should not be sent to jail for defying court orders and also directed his Drawing and Disbursing Officer (DDO) to withhold ACR’s monthly salary until further orders.

The direction was passed by Civil Judge (Senior Division) Bandipora, Iqbal Ahmad Akhoon, in the execution proceedings titled Mohammad Jamal Teli Vs State & Others, where the decree holder, Mohammad Jamal Teli of Pazalpora Mantrigam, is yet to receive compensation despite a court decree passed in his favour in 2019.

Petitioner in 2011 approached court alleging that the department of health took possession of his land measuring 8 marlas for construction of health centre at Mantrigam but had not paid the compensation. Court in 2019 directed the government to pay the land compensation to the petitioner. However the CMO Bandipora and District administration kept on passing the buck to each other and failed to pay the compensation forcing the petitioner to approach court again in 2019.

Taking serious note of the continued non-compliance, the court has directed the ACR Bandipora to appear in person and explain why he should not be committed to civil prison for contempt of court.

“The conduct of the Collector Land Acquisition and other judgment debtors reflects a wilful and deliberate disobedience of the orders passed by this Court, amounting to contumacious behaviour, which cannot be tolerated by a court of law,” the court observed.

As per the records, an amount of ₹8.40 lakh had been secured by the Health Department as compensation for the land acquired from the decree holder.

The court had on multiple occasions directed the Collector to disburse the amount to Teli, including clear instructions issued on November 30, 2024, and again on March 15, 2025. However, the decree holder submitted that the amount continues to be unlawfully retained in official accounts despite the decree having attained finality over five years ago.

What further agitated the court was the revelation that although the compensation was deposited in the Collector’s account as early as December 2024, it had not been released to the rightful recipient till date. Instead, the court was informed that the amount was instead transferred back to the Chief Medical Officer, Bandipora, against the court’s express instructions.

“This Court is constrained to take coercive measures under the provisions of Order 21 of the CPC,” Judge Iqbal Ahmad Akhoon ruled, issuing a notice under Order XXI Rule 37 CPC to the ACR Bandipora, calling upon him to show cause why he should not be committed to civil prison.

The court also invoked Rule 48 of the CPC, directing the Drawing and Disbursing Officer (DDO) concerned to withhold the ACR’s monthly salary until further orders. The withheld amount is to be deposited in the Nazir’s account of the court and appropriated towards the decretal amount.

Copies of the order have been served to the Deputy Commissioner Bandipora, Collector Land Acquisition Bandipora (ACR Bandipora) and the DDO for immediate compliance.

ACR Bandipora has also been directed to appear in person on next day of hearing on June 2, 2025. Failure to comply with the latest order, the court warned, will invite further penal consequences, including proceedings under Section 151 of the Civil Procedure Code and the Contempt of Courts Act.