Shamas Ud Din CHAMBER: -
LL.B
ADVOCATE House No. JMC 831
Mohalla Ramzan Pura
HIGH COURT OF J&K Eidgah, Janipur Colony,
AND LADAKH AT JAMMU Jammu-180007.
(M) 8899237894
Ref. No. Ref. No. SUD/512/2023 Dated-
-09-2023
LEGAL NOTICE
To,
1. The Tehsildar
Mendhar 185211.
2. SHO
Police Station Mendhar.
Subject: Order dated – 03-03-2023 passed in WP(C) No.
501/2023 in case titled Mir Mohd v/s U.T of
Jammu and Kashmir & Ors.
Sir,
Instructed by Mir Mohd S/o Karim Baksh R/o Dharana
Mendhar Tehsil Mendhar Distt Poonch, hereinafter
referred to as my client, I am to serve upon you the
following legal notice:-
1. That my client filed a petition titled Mir Mohd v/s U.T
of Jammu and Kashmir & Ors in the Honble High
Court challenging the validity of order no. ______________
dated __________ which was regarding the appointment of
lumberdar.
2. That an order was passed by the Honble High Court on
03-03-2023 staying the operation of order no.
______________ dated __________ subject to objections and
till next date. Copy of the order of the Honble High Court
dated – 03-03-2023 passed in case titled Mir Mohd v/s
U.T of Jammu and Kashmir & Ors is enclosed.
3. That despite the order of the Honble High Court, Mr.
Nasar Ahmed not only has failed to comply the order but
has done the violation of the order of the Honble High
Court. This violation pertains to his unauthorized and
unlawful act of signing and verifying a Police Verification
Certificate as Lumberdar Dharana on 11-09-2023, which
is in direct disobedience of the High Court's order dated
03-03-2023 in the case titled Mir Mohd v/s U.T of J&K
and Ors. Copy of the Police Verification Certificate signed
and verified by Mr. Ahmed is enclosed for your perusal.
4. That the Honble High Court’s order dated 03-03-2023 in
the case titled Mir Mohd v/s U.T of J&K and Ors
explicitly directed that the temporary appointment of
Nasar Ahmed as Lumberdar of Village Dharana shall not
be given effect to subject to objections and till next date.
However, despite this clear legal directive, Mr. Nasar
Ahmed has proceeded to act in a manner that is in
violation of the order, thereby undermining the authority
of the judiciary and potentially causing harm to the
rights and interests of the parties involved.
5. That this act of Mr. Nasar Ahmed is a blatant violation of
various provisions of the law, including but not limited
to:
Contempt of Court: Mr. Nasar Ahmed's actions directly
amount to contempt of the High Court's order dated 03-
03-2023, which is a serious offense under the law.
Impersonation: By falsely representing himself as
Lumberdar Dharana, Mr. Nasar Ahmed is engaged in an
act of impersonation, which is a criminal offense.
Misrepresentation: Mr. Nasar Ahmed's signing and
verification of a police verification certificate in the
capacity of Lumberdar Dharana constitutes a
misrepresentation of his official status.
Disobedience of Court Orders: Mr. Nasar Ahmed's
actions amount to a willful disobedience of a lawful court
order, which is a breach of his legal obligations.
6. That under law you can initiate an investigation into this
matter and necessary steps to ensure that Mr. Nasar
Ahmed is held accountable for his actions.
7. That failure to take timely and appropriate action in this
matter may not only result in further violations but also
tarnish the reputation of law enforcement agencies.
Therefore, I trust that you will treat this matter with the
utmost seriousness it deserves and take swift action to
uphold the rule of law.
I therefore on behalf of my clients
through the medium of this notice hereby call
upon you to take timely and appropriate action
against Mr. Nasar Ahmed, initiate departmental
enquiry against him and restrain him from illegally
acting as Lumberdar Dharana, within a period of 3
weeks failing which my clients shall be compelled
to approach the appropriate court for initiating
legal action under Contempt of Court Act.
A copy of this notice is retained in my office chamber for
reference and record.
I have charged Rs. 10,000/- as counsel fee.
With regards
Yours sincerely
Dated- -09-2023
Shamas Ud Din Shaaz
Advocate
High Court of J & K
and
Ladakh at Jammu.
