Contempt petition withdrawn by petitioner on grounds of limitation under Section 20 of Contempt of Courts Act, 1971. Allowed with liberty to file fresh writ petition.
Prayer to withdraw contempt petition allowed with liberty to file fresh writ petition.
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GAHC010033952021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/127/2021
PRABHAT CH DAS
S/O LATE BALABHADRA DAS, R/O VILL. BUDURTUP, P.O. BARPETA, DIST. BARPETA, ASSAM.
VERSUS
MUKUL KUMAR SAIKIA AND 3 ORS THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GUWAHATI 6
2:SAMIR SINHA
THE SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6
3:MUNINDRA LASKAR
THE SECY. TO THE GOVT. OF ASSAM JUDICIAL DEPTT. DISPUR GUWAHATI 6
4:BARNALI BHUYAN
THE MEMBER FOREIGNERS TRIBUNAL II BARPETA VILL. P.O. AND DIST. BARPETA PIN 78130
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Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
08.03.2021
Heard Mr. I.H. Saikia, learned counsel for the petitioner, who submits that vide order dated 17.03.2017 passed in WP(C) No.1445/2017, the respondents were directed to look into the matter regarding payment of dues to the petitioner within a period of 2 (two) months from the date of receipt of a certified copy of the order. The order dated 17.03.2017 passed in WP(C) No.1445/2017 was communicated to the respondents on 24.03.2017. The contempt petition has however been filed on 19.2.2021. As Section 20 of the Contempt of Courts Act, 1971 states that no Court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed, the present contempt petition is not maintainable.
Mr. I.H. Saikia at this stage prays that he may be allowed to withdraw the contempt petition with liberty to file a fresh writ petition.
Prayer is allowed.
Contempt petition stands dismissed as withdrawn, with liberty to file a fresh writ petition.
JUDGE
Comparing Assistant
Colour shows how this judgement treated each authority
Section 20 of the Contempt of Courts Act, 1971Referred¶21
PRABHAT CH DAS
MUKUL KUMAR SAIKIA
SAMIR SINHA
MUNINDRA LASKAR
BARNALI BHUYAN
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
