The High Court directed that the contempt petition be closed pending the disposal of Review Petition No. 58/2021, relying on the Apex Court's guidance in Satyendra Singh. The petitioner was granted liberty to file afresh after the review petition is decided.
The contempt petition stands closed pending the disposal of Review Petition No. 58/2021.
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GAHC010158932020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/532/2020
PADUM BORAH AND 3 ORS. S/O- LT. MADAN CH. BORAH, R/O- VILL- ALENGISATRA KOLONGPAR, P.O. DAKARGHAT, DIST.- NAGAON, ASSAM, PIN- 782003
2: DIGANTA SAIKIA S/O- LT. RAM CHANDRA SAIKIA R/O- VILL- ALENGISATRA KOLONGPAR P.O. DAKARGHAT P.S. NAGAON SADAR DIST.- NAGAON ASSAM PIN- 782003 3: NITUL BARUA S/O- GUNAVI RAM BARUA R/O- VILL- RAIDONGIA RAJAGAON P.O. AIBHETI P.S. JURIA DIST.- NAGAON ASSAM PIN- 782002 4: PANKAJ KAKOTI S/O- SRI HEM PRASAD KAKOTI R/O- VILL- BORIGAON P.O. AIBHETI P.S. JAJORI DIST.- NAGAON ASSAM PIN- 78200 VERSUS RAKESH KUMAR
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COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR (SECRETARIAT), GHY-06
2:DIPAK MAHANTA CHIEF ENGINEER IRRIGATION DEPTT. CHANDMARI GHY-03
3:UTPAL NATH EXECUTIVE ENGINEER TEZPUR DIVISION IRRIGATION TEZPUR SONITPUR PIN- 78400
Advocate for the Petitioner : MR. P K DAS
Advocate for the Respondent : MR. N UPADHAYAY
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 13-12-2021
No one appears for the petitioner on call. It is also noted that no one
appeared for the petitioner on the last Court date, i.e. 01.11.2021.
Mr. N Upadhayay appears for the contemnors. He submits that Review Petition No. 58/2021 is pending in this Court and notice has been issued on 22.08.2021. However, no stay of the order dated 10.12.2018 in WP(C) No. 7031/2015 has been passed by the Ld. Review Court.
In the case of Satyendra Singh vs. Saroj Rani & Ors., (2017) 11 SCC 471, the Apex Court had requested the High Court to defer contempt proceedings against the appellant till the review application was disposed of.
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In view of the above order passed by the Apex Court in Satyendra Singh (supra), this Court is of the view that the present contempt petition should be closed till the review petition is disposed off.
Accordingly, the contempt petition stands closed. However, the petitioner is given liberty to file the contempt petition afresh, if so advised, after the Review Petition No. 58/2021 is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the present contempt petition should be closed pending the disposal of a review petition in a related matter.
Colour shows how this judgement treated each authority
Satyendra Singh vs. Saroj Rani & Ors.Relied on¶19
Satyendra Singh vs. Saroj Rani & Ors., (2017) 11 SCC 471 · Who else cites this
PADUM BORAH AND 3 ORS.
RAKESH KUMAR
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
