Disposed

Anjan Kumar Das and Anr. v. Gauri Sankar Das

Gauhati HC4 Feb 2024Cont.Cas(C)/275/2022

Case brief

AI extract

What is this about?

Contempt petition alleging violation of a writ court direction requiring the Circle Officer, Azara Revenue Circle to decide Misc. Case No.15/16-17 within three months. The Court found compliance was admitted and the contempt proceedings were misconceived and dropped them.

What did the court decide?

Contempt proceedings dropped; no substantive relief granted, liberty to avail other legal remedies.

Anjan Kumar Das and Anr. Vs Gauri Sankar Das — Contempt of Court | Gauhati HC (2024)

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Page No.# 1/2

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GAHC010095242022

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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)/275/2022

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ANJAN KUMAR DAS AND ANR S/O- LATE ROHINI KUMAR DAS, R/O- HOUSE NO. 40, INDIRA GANDHI PATH, SANTIPUR HILLSIDE, P.O. AND P.S. BHARALUMUKH, DIST.KAMRUP(M), ASSAM, PIN- 781009.

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2: NILAV JYOTI DAS S/O- LATE ROHINI KUMAR DAS R/O- HOUSE NO. 40 INDIRA GANDHI PATH SANTIPUR HILLSIDE P.O. AND P.S. BHARALUMUKH DIST.- KAMRUP(M) ASSAM PIN- 781009

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VERSUS

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GAURI SANKAR DAS ADDITIONAL DEPUTY COMMISSIONER, KAMRUP(M), LAND REVENUE BRANCH, GUWAHATI-781001, ASSAM

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For the petitioner (s) : None appears

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For the respondent (s) : Mr. D. Nath, Sr. Govt. Advocate

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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05.02.2024

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The instant contempt application has been filed by the petitioner alleging violation to the order dated 22.11.2021 passed in WP(C)

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Page No.# 2/2

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No.4605/2021.

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The record reveals that the petitioner has not been represented on various occasions. Be that as it may, this Court has perused the order dated 22.11.2021 which transpires that the direction was to the Circle Officer, Azara Revenue Circle to pass necessary order in Misc. Case No.15/16-17 pending before the said authority preferably within a period of 3 (three) months from 01.12.2021.

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This Court has duly taken note of the paragraph No.4 of the contempt application wherein it has been mentioned that the Circle Officer, Azara Revenue Circle has duly done so.

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Considering the above, the instant contempt proceedings so filed against the contemnor herein is totally misconceived.

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Accordingly, the contempt proceedings stands dropped.

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Be that as it may, this Court however observes that in the circumstance the petitioner is aggrieved by any action, it would be a separate cause of action for which the petition has to avail other remedies and not by way of a contempt proceedings.

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Under such circumstances, the dropping of the contempt proceedings shall not prejudice the petitioner to avail such remedies otherwise available under law.

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JUDGE

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Comparing Assistant

Anjan Kumar Das and Anr. v. Gauri Sankar Das

Case brief

What is this about?

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Anjan Kumar Das and Anr. v. Gauri Sankar Das

Case brief

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