A contempt petition alleging wilful disobedience of a High Court order in Writ Appeal No. 87/2023. The Court noted that the petitioners were heard and a speaking order passed as directed, dismissing the contumacious claims.
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.
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GAHC010065002023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/172/2023
RAM PRIT SAH AND 8 ORS
S/O. LT. ANUP PADA SAH, R/O. RANGIA, WARD NO. 1, P.O. - RANGIA, P.S. RANGIA, DIST. KAMRUP (R), ASSAM
S/O. LT. RAM CHANDRA SAH R/O. RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
3: SATYANARAYAN CHAUHAN S/O. LT. INDRAJEET CHAUHAN R/O. RANGIA, P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
4: SMT. PRIYABALA V.B. @ PRIYABALA D/O. LT. V. K. BALAKRISHNAN W/O. BIJESH KANAKACHARIE R/O. RANGIA, P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
5: SWAPAN BHOWMIK S/O. MANORANJAN BHOWMIK R/O. RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
S/O. LT. BHOBAN ALI
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R/O. RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
7: ABHIJIT GHOSH S/O. LT. PRAHAT CH. GHOSH R/O. RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354. 8: BIJOY KR. SINGH S/O. LT. RARI KANT SINGH R/O. RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354.
9: PRASHEN KR. DAS S/O. LT. KAMALA KANTA DAS R/O. NEAR RANGIA RAILWAY STATION WARD NO.7 P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM-781354 VERSUS
SANDEEP MATHUR AND 6 ORS THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI
2:ANSHUL GUPTA THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 ASSAM 3:MRS. RAJNI HASIJA CMD (L/A) INDIAN RAILWAY CATERING AND TOURISM CORPN. LTD. NEW DELHI INDIA REP. BY THE CHAIRMAN AND MANAGING DIRECTOR REGIONAL OFFICE-4D MANDOVI APARTMENT AMBARI G.N.B. ROAD
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GUWAHATI-781001 4:R.N. RANMUNG REGIONAL MANAGER THE CHAIRMAN AND MANAGING DIRECTOR INDIAN RAILWAY CATERING AND TOURISM CORPN. LTD. NEW DELHI INDIA REGIONAL OFFICE- 4-D MANDOVI APARTMENT AMBARI, G.N.B. ROAD GUWAHATI-781001. 5:DEEPANKAR GOGOI THE DIVISIONAL RAILWAY MANAGER (C) N.F. RAILWAY, RANGIA DIVISION RANGIA, DIST-KAMRUP (R) ASSAM 6:W. JITURI THE CHIEF COMMERCIAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 DIST-KAMRUP (M) ASSAM 7:V.K. SHRIVASTAV THE DIVISIONAL COMMERCIAL MANAGER RANGIA DIVISION RANGIA, DIST-KAMRUP (R) ASSAM
Advocate for the Petitioner : MR. D MOZUMDER Advocate for the Respondent : MR. R.K.D. CHOUDHURY, DEPUTY SGI
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 19-05-2023
Heard the learned counsel appearing for the parties.
The petitioners herein have approached this court by way of this Contempt Petition alleging that the respondents have indulged in wilful disobedience of the
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directions given by this court, while deciding Writ Appeal No. 87/2023 vide order dated 10.03.2023.
We have considered the submissions advanced by the learned counsel for the parties and have gone through the material available on record.
An additional affidavit has been filed on behalf of the petitioners annexing thereto a copy of the speaking order dated 21.03.2023. Apparently, thus, the appellants have been heard and the aforesaid speaking order has been passed in terms of the directions given by this court vide paragraph Nos. 14 and 15 of the order dated 10.03.2023 passed in WA 87/2023. The allegations levelled by the petitioners that in deference to the directions given by this court the appellants/petitioners were not allowed to carry on their vending business during the intervening period is not tenable because no such pleading is made in the instant Contempt Petition.
Hence, leaving the petitioners at liberty to challenge the aforesaid speaking order as per law, if so desired, the instant Contempt Case is dismissed.
Rule is discharged.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether the direction given by the High Court vide order dated 10.03.2023 was wilfully disobeyed by the respondents.
Ram Prit Sah and 8 Ors
Sandeep Mathur and 6 Ors
Mitali Thakuria
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
