The Gauhati High Court held that the Contempt Petition stands closed because the respondent against whom the alleged violation of a court order occurred was not a party to the contempt petition.
The Contempt Petition stands closed.
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GAHC010076612020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/278/2020
JITUL PHUKAN AND 6 ORS. S/O- PANIRAM PHUKAN, R/O- VILL- KADUMONI, P.O. SHALMAR, DIST.DIBRUGARH- 786610, ASSAM, PH. NO. 7896036425
2: DIGANTA SAIKIA S/O- LT. CHENIRAM SAIKIA R/O- PANDARIYA RANGAGARAH VILLAGE NAMRUP P.O. PARBATPUR DIST.- DIBRUGARH ASSAM PIN- 786623 D.O.B.- 31.10.1967 PH. NO. 8876263470 3: TANKESWAR BORAH S/O- LT. ANIL BORAH R/O- VILL- CHAMOGURI P.O. MOTHAWANI- 786610 DIST.- DIBRUGARH ASSAM D.O.B.- 01.05.1976 PH NO. 9854326826 4: ROMONI GOGOI S/O- NILAMBAR GOGOI R/O- 2 NO. DOLAMURI P.O. DIBU AMGURI DIST.- DIBRUGARH ASSAM PIN- 786610 D.O.B.- 01.08.1976 PH. NO. 8134957465
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5: KESHAB KONWAR S/O- LT. SUNDAR KONWAR R/O- VILL. AND P.O. KONWARIGAON DIST.- DIBRUGARH ASSAM PIN- 786610 D.O.B.- 30.01.1975 PH. NO. 8133954175
6: KRISHNA SINGH TANTI S/O- LT. CHAPNA TANTI R/O- DIKSOM BLOCK GAON P.O. AOOPHOLIA CHARIALI DIST.- DIBRUGARH ASSAM PIN- 786613 D.O.B.- 21.10.1972 PH.NO. 8876263470
7: CHANDRA KANTA BORDOLOI S/O- LT. PREMADHAR BORDOLOI R/O- VILL- RAJGORH P.O. RAJGORH DIST.- DIBRUGARH ASSAM 786611 D.O.B.- 27.06.1972 PH.NO. 93654-5203
VERSUS
SANJEEB KR. DAS AND 2 ORS.
COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, ASSAM, JURIPAR, PANJABARI, GHY-37
2:DIGANTA SAIKIA CHIEF EXECUTIVE OFFICER DIBRUGARH ZILLA PARISHAD DIBRUGARH ASSAM- 786001
3:THE PROJECT DIRECTOR DRDA (DISTRICT RURAL DEVELOPMENT AGENCY) DIBRUGARH DIST.- DIBRUGARH- 786003 ASSA
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
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Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER
Date : 05-05-2022
No one appears on behalf of the petitioners to answer the queries raised by this Court in the Order dated 28.04.2022. The Order dated 28.04.2022 states as follows:-
“Heard Mr. T Chishi, learned counsel for the petitioners.
By the order dated 25.03.2019 in WP(C) No. 1952/2019, in paragraph 5 thereof, a direction was issued that the petitioners would submit their individual representations along with relevant documents of initial engagement to their respective posts and upon it being filed, the respondent No. 2 therein i.e. the Commissioner, P&RD, Assam would pass an order thereon.
Annexure-2 to the Contempt petition is a representation dated 10.04.2019 filed by the petitioner Chandra Kanta Bordoloi. Allegation of wilful and deliberate violation of the said order is made by referring to the said representation of the petitioner Chandra Kanta Bordoloi.
It is taken note of that the person who is alleged to have violated the order of the Court, namely the Commissioner, P&RD, Assam is not a respondent contemnor in this contempt petition.
In the circumstance, petitioners to explain as to against whom the contempt notice is required to be issued and secondly, the petitioners to also explain as to why contempt notice should be issued also on behalf of the petitioners No. 1 to 6 inasmuch as they have not submitted any representation as required by the order.
List the matter again on 05.05.2022”.
In view of the above reasons, the Contempt Petition stands closed.
JUDGE
Comparing Assistant
JITUL PHUKAN AND 6 ORS.
SANJEEB KR. DAS AND 2 ORS.
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
