Dismissed

Ranjita Das v. Paban Kr Borthakur and 5 Ors.

Gauhati HC15 May 2023Cont.Cas(C)/239/2023

Case brief

AI extract

What is this about?

Petitioner filed a contempt petition for non-decision on an application for ex-gratia payment. The single-judge court held the petition premature as no time limit was specified in the previous order. The petition was closed with liberty to reconsider after three months.

What did the court decide?

Contempt petition closed. Liberty to approach Court again after 3 months. Petitioner to proceed with application before Deputy Commissioner.

Ranjita Das Vs Paban Kr Borthakur and 5 Ors. — Contempt of Court | Gauhati HC (2023)

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GAHC010091522023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Cont.Cas(C)/239/2023

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RANJITA DAS

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W/O- LATE BHAIMAN BORAH @ HIMANGSHU BORAH, R/O- LAKHMI NAGAR, NEAR RAJDHANI MASJID, P.O AND P.S- DISPUR, DIST- KAMRUP (M), ASSAM,

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VERSUS

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PABAN KR BORTHAKUR AND 5 ORS IAS, CHIEF SECRETARY O THE GOVT. OF ASSAM, DISPUR, PIN-781006 2:AVINASH P DAS JOSHI COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ( REVENUE RELIEF AND REHABILITATION AND DISASTER MANAGEMANT DEPARTMENT DISPUR GHY-06)

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3:SAMIR SINHA COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06

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4:PALLAV GOPAL JHA IAS DEPUTY COMMISSIONER KAMRUP (M) PIN-781001 5:SHANTANU GOGOI ACS

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Page No.# 2/3

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DISPUR REVENUE CIRCLE GUWHATI PIN-781028

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6:PRADIP TALUKDAR O.C DISPUR POLICE STATION PIN-781005 ASSA

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Advocate for the Petitioner : MR MINTU SAIKIA

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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15.05.2023

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Heard Mr. M. Saikia, learned counsel for the petitioner, who submits that vide order dated 09.01.2023 passed in WP(C) No.3204/2022, the petitioner’s prayer for grant of ex-gratia payment in terms of the Government Notification dated 15.11.2014 was to be considered by the Deputy Commissioner, Kamrup (M), Guwahati.

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The petitioner’s grievance is that the Deputy Commissioner, Kamrup (M), Guwahati has not taken a decision on the petitioner’s application for grant of exgratia payment of Rs.2,00,000/- in terms of the Government Notification dated 15.11.2014. Accordingly, the petitioner has filed the present contempt petition on 29.04.2023.

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On considering the fact that no time limit has been provided in the order

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dated 09.01.2023 passed in WP(C) No.3204/2022, this Court is the view that the petitioner should have waited for some more time, to enable the Deputy Commissioner, Kamrup (M), Guwahati to take a decision on the petitioner’s application for grant of ex-gratia payment. Accordingly, this Court is of the view that the petition is premature.

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The contempt petition stands closed, giving liberty to the petitioner to pursue his case with the Deputy Commissioner, Kamrup (M), Guwahati and approach this Court again after 3 (three) months.

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JUDGE

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Comparing Assistant

Ranjita Das v. Paban Kr Borthakur and 5 Ors.

Case brief

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Ranjita Das v. Paban Kr Borthakur and 5 Ors.

Case brief

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