Dismissed

Kamar Uddin v. Barun Purkayastha and 6 Ors.

Gauhati HC17 Nov 2023Cont.Cas(C)/681/2023

Case brief

AI extract

What is this about?

The court addressed a contempt petition alleging violation of an earlier stay order preventing the harvest of Shali Paddy. The court held that the stay is not a positive direction to harvest and allowed the petitioner to seek appropriate directions via a separate application.

What did the court decide?

Contempt petition closed; liberty granted to file appropriate application seeking directions to harvest Shali Paddy.

Kamar Uddin Vs Barun Purkayastha and 6 Ors. — Maintenance and Alimony | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010258242023

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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)/681/2023

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KAMAR UDDIN

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S/O- LATE BASIRUDDIN, R/O- VILL.- METHIGAON, P.O. NILBAGAN, P.S. MURAJHAR, DIST. HOJAI, ASSAM, PIN- 782445.

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VERSUS

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BARUN PURKAYASTHA AND 6 ORS SUPERINTENDENT OF POLICE, HOJAI, ASSAM, PIN- 782435.

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2:ANUPAM CHOUDHURY DISTRICT COMMISSIONER HOJAI ASSAM PIN- 782435.

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3:SNEHA BHARALI CIRCLE OFFICER DOBOKA REVENUE CIRCLE P.O. AND PS. DOBOKA DIST. HOJAI PIN- 782440.

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4:SASHADHAR KALITA OFFICER IN CHARGE MURAJHAR POLICE STATION DIST. HOJAI PIN- 782439.

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5:JAY SHANKAR SARMA ADDL. DIST. MAGISTRATE HOJAI P.O. P.S. AND DIST. HOJAI

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Page No.# 2/3

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ASSAM PIN- 782435.

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6:MAKIBUL ALI EXECUTIVE MAGISTRATE HOJAI SANKARDEV NAGAR P.O. P.S. AND DIST. HOJAI ASSAM PIN- 782435. 7:NAZRUL ISLAM S/O- TOZMUL ALI (LAL MIAH) R/O- VILL.- SUTARPUR P.O. NILBAGAN P.S. MURAJHAR DIST. HOJAI ASSAM PIN- 782445

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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17-11-2023

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Heard Shri M. U. Mondal, learned counsel for the petitioner, who has complained about violation of the order dated 26.09.2023 passed by this Court in Crl. Pet. No. 1033/2023. This Court has noted that by the aforesaid order, the impugned proceeding of MR Case No. 8/2022 pending before the learned Executive Magistrate, Hojai, Sankardev Nagar and the orders dated 10.03.2023 and 17.07.2023 passed thereon have been stayed till the returnable date.

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The learned counsel has submitted that the petitioner has not been allowed to harvest the “Shali Paddy” in the land in question which according to him would constitute violation of the aforesaid orders.

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In the opinion of this Court, the order of stay cannot be construed to be a positive direction to the petitioner to indulge in the activities as aforesaid. The recourse available to the petitioner is to seek for directions of that nature instead of filing this petition alleging contempt.

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In view of the above, the contempt petition is closed however with liberty to the petitioner to file appropriate application seeking to harvest “Shali Paddy” or any other relief.

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Comparing Assistant

Kamar Uddin v. Barun Purkayastha and 6 Ors.

Case brief

What is this about?

What did the court decide?

Kamar Uddin v. Barun Purkayastha and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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