Petitioners withdrew an application seeking impleadment of the new Secretary as a contemnor for non-compliance of a judgment. The application was withdrawn and dismissed, with liberty to file afresh.
Prayer for impleadment is allowed to be withdrawn. Liberty to file afresh is granted upon fresh cause of action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010043072023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/514/2023
in
Cont.Case(C) 90/2023
UDAY SARMA AND 3 ORS S/O- LT. NARADEV SARMA, VILL- SRIPURDEOR, P.O. ADALBARI, VIAMUSHALPUR, DIST.- BAKSA (BTAD), PIN- 781372
2: GOLAPI DEVI D/O- LT. CHAMPA RAM SARMA VILL- PACHIM KURUA P.O. KURUA DIST.- DARRANG ASSAM PIN- 784145
3: CHAMPA DEVI D/O- LT. GHANA SHYAM UPADHYAYA P.O. BARUA PATHER P.O. MAIL BAZAR DIST.- BISWANATH CHARIALI ASSAM PIN- 784170
4: DHANTI SARMA S/O- DHARMA KANTA SARMA VILL AND P.O. BHAGHARA DIST.- MORIGAON ASSAM PIN- 78210
VERSUS
NARAYAN KONOWAR AND ANR
THE SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY-6
Page No.# 2/3
2:MAMATA HOJAI AES DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-1
Advocate for the Petitioner : MRS. R RONGMEI
Advocate for the Respondent :
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
14-03-2023
Heard Ms. S. Devi, learned counsel for applicants/petitioners.
By this application, the applicants/petitioners prayed for impleadment of the new Secretary in the Department of School Education, Assam, namely, Narayan Konwar as a contemnor due to non-compliance of the order dated 09.11.2020, passed in WP(C) No.87/2020.
On being enquired, the counsel for the applicants/petitioners, on instruction submitted that the applicants/petitioners have not filed any such application/representation before the new Secretary in the Department of School Education, Assam apprising him about the said order dated 09.11.2020, passed in WP(C) No.87/2020 as well as about the pendency of the Cont.Cas(C) No.90/2023 for not complying the said order dated 09.11.2020 by the authorities concerned.
At this stage, Ms. Devi, learned counsel on instruction of the
Page No.# 3/3
applicants/petitioners prays for withdrawal of this application, with a liberty to file afresh as and when fresh cause of action arises.
Prayer is allowed.
Accordingly, this I.A.(C) No.514/2023 on being withdrawal, stands dismissed.
Liberty as prayed for, so granted to the applicants/petitioners.
Needless to say that the applicants/petitioners of Cont.Cas(C) No. 90/2023 may submit appropriate representation before the Department of School Education, Assam, apprising the said authority about the order dated 09.11.2020, passed in WP(C) No.87/2020, which is yet to be complied with.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the prayer for impleadment of the new Secretary as contemnor in the school education department as a result of non-compliance of the previous order shall be allowed.
UDAY SARMA AND 3 ORS
NARAYAN KONOWAR
NARAYAN KONOWAR AND ANR
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
