The Gauhati High Court disposed of a contempt petition filed by the petitioner against respondents. Noting the receipt of funds for construction work and floating of a tender by the Railway authorities, the Court found substantial compliance with its earlier order and the notice was discharged.
Contempt petition disposed of; notice discharged.
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GAHC010167992021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/394/2021
ARUN KUMAR DAS
S/O PORENDRA CHANDRA DAS, R/O VILL-JAYFORPUR, P.O.-HASANPUR, P.S.-BADARPUR, DIST-KARIMGANJ, ASSAM
VERSUS
SUNIL SHARMA GENERAL MANAGER (CONSTRUCTION), N.F. RAILWAY, MALIGAON, GUWAHATI-11
2:RAJESH KEMPRAI
SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM
3:DEBAJIT BHUIYAN CHIEF ENGINEER PWD (roads) ASSAM CHANDMARI
GUWAHATI
4:NIRANJAN ROY EXECUTIVE ENGINEER PWD(roads)
KARIMGANJ NORTH KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISIO
Advocate for the Petitioner : MR F Z MAZUMDER
Advocate for the Respondent : MR S CHAKRABORTY
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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
09.09.2022
(R.M. Chhaya, CJ.)
Heard Mr. F.Z. Mazumder, learned counsel for the petitioner. Also heard Mr. S. Chakraborty, learned Standing Counsel, N.F. Railway for the respondent No.1 as well as Mr. R. Dhar, learned counsel for the respondent Nos. 2,3 and 4.
Mr. S. Chakraborty, learned counsel for the respondent No.1 has placed before the Court a communication dated 06.09.2022 issued by the Sr. Divisional Engineer/V, N.F. Railway, Lumding wherein it is stated as under:
“ 1. The requisite amount as per estimate has been received by N.F. Railway. The first instalment of Rs. 1,15,33,012/- has been received on 19.07.2022 vide demand draft No. 724013 dtd. 12.07.2022 and the second instalment of Rs. 1,71,68,753/- has been received on 31.08.2022 vide demand draft No.032414 dtd. 26.08.2022. Total amount of Rs. 2,87,01,765/- has been received by the Railway.
2. After received of full amount tender has been called upon for construction of the RUB and tender has been floated on 06.09.2022.
3. Tentative date of completion of work is 8 Month from the award of the tender. Total likely time of completion of work by all respect is 10 months from today’s date.”
In light of the aforesaid, it appears that there is substantial compliance of the order passed by this Court.
However, it is provided that the authorities shall adhere to the timing and complete the work within the time limit as stated by themselves in Para-3 of the communication dated 06.09.2022, based upon which this order is passed. On noncompliance of the same, the petitioner would be at liberty to file fresh proceedings.
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The contempt petition stands disposed of.
Notice discharged.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the petitioner's contempt petition regarding non-compliance of a court order is disposed of based on subsequent compliance.
Whether a notice is to be discharged in the said contempt proceeding.
Arun Kumar Das
Sunil Sharma
Rajesh Kemprai
Debjit Bhuiyan
Niranjan Roy
Soimitra Saikia
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
