Kuladhar Talukdar and 11 Ors. v. Rajendra Prasad Das and 5 Ors.

Gauhati HC6 Jan 2020Cont.Cas(C)/423/2019

Case brief

AI extract

What is this about?

The Gauhati High Court closed a contempt petition regarding non-compliance with a prior order. The court held that a subsequent speaking order negated the need for further action, barring the petitioners from simply claiming non-delivery of instructions. Liberty was granted to challenge the speaking order's legality.

What did the court decide?

The contempt petition is closed; liberty granted to challenge the speaking order.

Kuladhar Talukdar and 11 Ors. Vs Rajendra Prasad Das and 5… — Contempt of Court | Gauhati HC (2020)

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GAHC010173112019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C) 423/2019

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1:KULADHAR TALUKDAR AND 11 ORS.

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S/O- LATE KANDARPA TALUKDAR, VILL KRISHNA NAGAR, AEI ROAD, P.OCHANDMARI, GUWAHATI, DIST- KAMRUP(M), ASSAM, PIN- 781003

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2: MONORANJAN DAS S/O- SRI BHABENDRA NATH DAS LNB PATH HATIGAON P.O- HATIGAON GUWAHATI DIST- KAMRUP (M) ASSAM PIN- 781038

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3: GUNENDRA KALITA S/O- SRI DAYA RAM KALITA VILL- AMINGAON POST OFFICE COLONY P.O- AMINGAON P.S- NORTH GHY DIST-KAMRUP ASSAM PIN- 781031

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4: GOLAP DAS S/O- SRI HARENDRA NATH DAS VILL- KAHIBARI P.O- PATBAUSI DIST- BARPETA ASSAM PIN- 781314

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5: PRADIP SARMA S/O- LATE RUPESWAR SARMA VILL- DHARAPUR P.O- AZARAH DIST- KAMRUP ASSAM PIN- 781017

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6: TRAILOKYA PATHAK S/O- LATE KRISHNA KANTA PATHAK VILL- CHENGA P.O- CHENGA DIST- BARPETA ASSAM PIN- 781305

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7: JATIN SARMA S/O- LATE KRISHNA KANTA SARMA VILL- BHAKUTAPA P.O- RAULI DIST- BARPETA ASSAM PIN- 781309

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8: ATUL CHANDRA DAS S/O- SRI SAJLU RAM DAS VILL- KURUA P.O- KURUA DIST- DARRANG ASSAM PIN- 784145

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9: KESHAB DAS S/O- LATE RATAN DAS UZAN BAZAR GUWAHATI DIST- KAMRUP(M) ASSAM PIN- 781003

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10: PHUL KUMARI DEVI D/O- DHARMA KANTA SARMA

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VILL- GOWALJHAR P.O- DHEKIPARA P.S- SIPAJHAR DIST- DARRANG ASSAM PIN- 781029

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11: BASANTA KUMAR CHOUDHRY S/O- LATE UMARAM CHOUDHRY VILL- BUMAKHATA P.O- PATACHARKUCHI DIST- BARPETA ASSAM PIN- 781325

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12: NAGENDRA NATH SARMAH S/O- LATE TARANATH SARMAH VILL- PANIGAON P.O- PANIGAON P.S- BELCHAR DIST- NALBARI ASSAM PIN- 78130

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VERSUS

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1:RAJENDRA PRASAD DAS AND 5 ORS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, WATER RESOURCE DEPTT, DISPUR, GUWAHATI- 781006

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2:BORSING RONGPI CHIEF ENGINEER WATER RESOURCE DEPTT CHANDMARI GUWAHATI- 03

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3:RUDRESWAR SARMA DEPUTY CHIEF ENGINEER WATER RESOURCE DEPTT CHANDMARI GUWAHATI- 03

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4:BHASKAR JYOTI GOGOI EXECUTIVE ENGINEER

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WATER RESOURCE DEPTT GUWAHATI EAST WATER RESOURCE DIVISION GUWAHATI- 08

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5:SHYAM JAGANNATHAN IAS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GUWAHATI- 06

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6:KRISHNA KR DWIVEDI COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI- 78100

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Advocate for the Petitioner : MR. M BHAGABATI

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Advocate for the Respondent : MR D K DAS

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 06-01-2020

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Shri H Betala, the learned counsel for the respondent Nos.1 to 4 submits that the order in question dated 25.10.2017, passed by this Court in WP(C) No.6121/2017 has been duly complied with by passing a speaking order dated 30.11.2019 and to that effect, he has produced copies of such speaking order.

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However, Shri M Bhagabati, the learned counsel for the petitioners submits that he does not have such instruction. He further submits that the order in question was already violated which is apparent on the face of the record.

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Be that as it may, in view of the passing of the speaking order dated 30.11.2019, there is no further scope to entertain this petition inasmuch as the non-compliance in question has to be deliberate and willful, which does not appear to be the intention in this case.

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Accordingly, the contempt petition is closed.

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However, the petitioner will be at liberty to challenge the legality and validity of the speaking

order passed.

JUDGE

Biplab

Comparing Assistant

Kuladhar Talukdar and 11 Ors. v. Rajendra Prasad Das and 5 Ors.

Case brief

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Kuladhar Talukdar and 11 Ors. v. Rajendra Prasad Das and 5 Ors.

Case brief

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What the court decided

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