Single-judge order dismissed an interlocutory application as misconceived, holding that refusal to comply with a previous order to file a certified copy may be addressed only by filing a contempt petition.
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GAHC010162232020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1921/2020
UTTAM SAIKIA
S/O- LATE PRADIP SAIKIA, VILL- PACHIM THEKERABARI, P.O- HOWAJAN, DIST- LAKHIMPUR, ASSAM, PIN- 784169
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER CUM SECRETARY TO THE GOVT OF ASSAM, PWD, DISPUR, GUWAHATI, PIN- 781006
2:THE CHIEF ENGINEER PWD(ROADS) CHANDMARI GUWAHATI- 781003
3:THE EXECUTIVE ENGINEER PWD LAKHIMPUR RURAL ROAD DIVISION LAKHIMPUR ASSAM PIN- 787053
4:DISTRICT LEVEL SELECTION COMMITTEE REP. BY ITS CHAIRMAN THE DEPUTY COMMISSIONER DIST- LAKHIMPUR P.O- NORTH LAKHIMPUR PIN- 787001
5:THE STATE LEVEL SELECTION COMMITTEE ASSAM REP. BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT OF ASSAM
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DISPUR GUWAHATI PIN- 0
Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, PWD
:: BEFORE ::
HON’BLE MR. JUSTICE MANOJIT BHUYAN
O R D E R
10.12.2020
Heard Mr. M.A. Sheikh, learned counsel for the applicant.
At the outset this Court would record that the present Interlocutory Application is misconceived, inasmuch as the prayer made in the Interlocutory Application is a matter to be considered as and when any contempt petition is brought on record. There is no dispute to the fact that in the order dated 07.02.2020 passed in WP(C)/653/2020 there is a clear direction that the petitioner is required to furnish certified copy of the order to the Executive Engineer, PWD, Lakhimpur Rural Road Division, Lakhimpur, who in turn is required to place the case of the petitioner in the next sitting of the District Level Committee, Lakhimpur. Whether it is a case that the said Executive Engineer, PWD, Lakhimpur Rural Road Division, Lakhimpur has refused to accept the certified copy of the order and/or that he has not complied with the direction for placing the case of the petitioner before the next sitting of the District Level Committee, this is a matter which would be in the realm of contempt of Court.
Needless to say, it would be open to the applicant to approach this Court, if so advised, alleging violation of the court’s order dated 07.02.2020 passed in WP(C)/653/2020.
On the above, I find no merit in the present Interlocutory Application and the same stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an interlocutory application is maintainable to challenge a refusal to file a certified copy of an earlier order without filing a contempt petition.
Uttam Saikia
State of Assam
Manojit Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
