Disposed
M/S. Choudhury Enterprise and Anr. v. Haricharan Bhakta and Ors.
Gauhati HCCont.Cas(C)/378/2019
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GAHC010163382019 THE GAUHATI HIGH COURT…
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GAHC010163382019 THE GAUHATI HIGH COURT…
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GAHC010163382019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/378/2019
M/S. CHOUDHURY ENTERPRISE AND ANR.
REP. BY ITS PROPRIETOR ALOM HUSSAIN CHOUDHURY, VILL- RANGAUTI PART-I, P.O. RANGAUTI P.S. HAILAKANDI, DIST- HAILAKANDI, ASSAM
2: ALOM HUSSAIN CHOUDHURY S/O- LT GULAM AHMED CHOUDHURY PROPRIETOR OF M/S CHOUDHURY ENTERPRISE VILL- RANGAUTI PART-I P.O. RANGAUTI P.S. HAILAKANDI DIST- HAILAKANDI ASSA
VERSUS
HARICHARAN BHAKTA AND ORS.
ACS, THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, HAILAKANDI, ASSAM PIN- 788151
2:HAMIDUR RAHMAN THE BLOCK DEVELOPMENT OFFICER CUM PROGRAMME OFFICER MGNREGA HAILAKANDI DEVELOPMENT BLOCK HAILAKANDI ASSAM PIN- 788151
3:SRI JOYDEEP SUKLA THE CHIEF EXECUTIVE OFFICER HAILAKANDI ZILLA PARISHAD PO AND DIST- HAILAKANDI PIN- 78815.
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Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : MR. M NATH (R2, R3)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 08-03-2021
Heard Shri MJ Quadir, learned counsel for the petitioners, who alleges willful disobedience of the order dated 26.04.2019 passed by this Court in WP(C) No.2217 / 2019.
The said writ petition was in connection with a claim Rs.1,09,26,251/- for materials allegedly supplied by the petitioners to the Panchayat and Rural Development Department (P&RD). This Court vide the aforesaid order had directed the respondent no. 4, the Chief Executive Officer, Hailakandi Development Block and the Block Development Officer, Hailakandi Development Block to release the admitted outstanding contractual dues to the petitioners after proper verification within a period of 6 weeks from the date of the order. Since, there was delay in compliance of the order, the present petition alleging willful disobedience has been filed.
After issuance of Notice, Shri M Nath, learned Standing Counsel, P&RD Department has entered appearance on behalf of all the respondents and has placed before this Court a copy communication dated 19.08.2019, from which it appears that after verification, an amount of Rs. 66,61,019/- is found to be admissible. The learned Standing Counsel has also placed before this Court the details of the vouchers and the amount involved from which the aforesaid amount of Rs.66,61,019/- has been arrived at.
At this stage, Shri Quadir, learned counsel for the petitioners submits that the petitioners were not given opportunity to place all the vouchers pertaining to the materials supplied and therefore, the amount arrived at by the respondents is erroneous.
This Court in exercise of contempt jurisdiction is not in a position to go behind the order which had been passed on 19.08.2019, as per which an amount of Rs. 66,61,019/- was
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found to be admissible. Therefore, the aforesaid submission of the learned counsel for the petitioners cannot be accepted.
In view of the above, this contempt petition stands closed.
However, since the petitioners claim that they are entitled to a higher amount, liberty is granted to them to approach the authorities with other vouchers for consideration whereafter, they may approach the appropriate forum of law for redressal of their grievances, if so advised.
A copy of the communication dated 19.08.2019 is made a part of the records.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Court can examine vouchers behind the executed verification order while deciding a willful disobedience petition?
M/s. Choudhury Enterprise and Anr
Haricharan Bhakta and Ors.
Sanjay Kumar Medhi
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
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