In this contempt application alleging non-compliance of an interim direction from W.P.[C] no. 2493/2019, the Gauhati High Court dismissed the petition as infructuous due to the petitioners' persistent absence and the original writ petition's prior disposal.
Instant contempt application stands dismissed as it has become infructuous.
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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GAHC010280662019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/677/2019
ASHIT CHANDRA DEY AND 2 ORS. S/O- ABHINASH CHOUDHURY, R/O- VILL- SIDDESWAR PART-II, P.O AND P.S- KATIGORAH, DIST- CACHAR, ASSAM, PIN- 788805
2: PARTHA PRATIM DUTTA S/O- PRABHAT CHANDRA DUTTA R/O- RABINDRA SARANI P.O AND P.S- HAILAKANDI ASSAM PIN- 788151
3: ARPITA DEY D/O- BABUL CHANDRA DEY R/O- VILL- SIDDESWAR PART-II P.O AND P.S- KATIGORAH DIST- CACHAR ASSAM PIN- 78880
VERSUS
JURI DEKA AND 4 ORS.
SECRETARY TO THE GOVT OF ASSAM, ENVIRONMENT AND FOREST DEPTT, DISPUR, GUWAHATI- 781006, ASSAM
2:A.M. SINGH
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-37
3:SUMAN MAHAPATRA THE CHIEF CONSERVATOR OF FORESTS
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SOUTHERN ASSAM CIRCLE SILCHAR DIST- CACHAR ASSAM PIN- 788001 4:NAGENDRA NATH DEKA THE DIVISIONAL FOREST OFFICER KARIMGANJ DIVISION DIST- KARIMGANJ ASSAM PIN- 788710 5:PINKU SINGH THE RANGE FOREST OFFICER KALAIN RANGE KALAIN P.O AND P.S- KATIGORAHM DIST- CACHAR ASSAM PIN- 78871
Advocate for the Petitioner : MR. S P CHOUDHURY
Advocate for the Respondent : MR. A DAS
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 22-05-2023
There is no representation on behalf of the petitioners today on call. Mr. A. Das, learned counsel for the respondent nos. 2 – 5 is present.
This contempt application has been preferred alleging non-compliance of the direction contained in an order dated 11.04.2019, an order of interim nature, passed in a writ petition, W.P.[C] no. 2493/2019.
From the paragraph no. 4 of the application, it is noticed that a mining contract area viz. Lakhicherra Stone Mining Contract Unit under Kalain Range was approved for settlement on 27.07.2018 in favour of the petitioners for collection of stone materials having a validity of 2 [two] years. The writ petition, W.P.[C] no. 2493/2019 was disposed of on 22.06.2020.
It is submitted by Mr. Das that with the disposal of the writ petition, W.P.[C] no.
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2493/2019, the interim order dated 11.04.2019 stood merged with the final order.
When this writ petition was listed earlier on 12.05.2023, there was no representation on behalf of the petitioners on that day also.
Having regard to the fact that the learned counsel for the petitioners were absent on 2 [two] consecutive occasions and the fact that the writ petition, W.P.[C] no. 2493/2019 in respect of which the interim order dated 11.04.2019 was passed, was already disposed of on 22.06.2020, the instant contempt application appears to have become infructuous and stands accordingly dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the contempt application is maintainable given the absence of petitioners' representation on two consecutive occasions and the disposal of the original writ petition?
Colour shows how this judgement treated each authority
Writ Petition [CRL] no. 2493/2019Referred
W.P.[C] no. 2493/2019 (implied) contd.
ASHIT CHANDRA DEY AND 2 ORS
JURI DEKA AND 4 ORS
MANISH CHOUDHURY
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
