Petition for contempt of court alleged violation of an order directing cessation of construction work. Respondents claimed service by post and cessation of work. Court held no contempt made out since construction stopped post-notice receipt.
Contempt petition closed and dismissed as no contempt is made out.
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GAHC010147872024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/389/2024
CHAMPUPARA BAZAR COMMITTEE AND ANR
AT CHAMPUPARA BAZAR, P.O. CHAMPUPARA BAZAR, P.S. CHAYGAON, DIST. KAMRUP, ASSAM, PIN- 781136, REP. BY THE PRESIDENT OF CHAMPUPARA BAZAR COMMITTEE, ABDUS SATTAR, R/O- VILL.CHAMPUPARA PATHAR, P.O. CHAMPUPARA BAZAR, P.S. CHAYGAON, DIST. KAMRUP, ASSAM
2: ABDUS SATTAR S/O- LATE ABDUS SALAM R/O- VILL.- CHAMPUPARA PATHAR P.O. CHAMPUPARA BAZAR PS CHAYGAON DIST. KAMRUP ASSAM PIN- 781136
VERSUS
KHOIRUL HUSSAIN AND 4 ORS. S/O- LATE TOSER ALI, R/O- VILL.- CHAMPUPARA GAON, P.O. CHAMPUPARA BAZAR, P.S. CHAYGAON, DIST. KAMRUP, ASSAM, PIN781136.
2:MONTAZ ALI AHMED S/O- LATE SHONGSHER ALI R/O- VILL.- CHAMPUPARA GAON P.O. CHAMPUPARA BAZAR P.S. CHAYGAON DIST. KAMRUP ASSAM PIN- 781136.
3:NASIM UDDIN AHMED S/O- LATE ABDUL JALIL
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R/O- GOROIMARI BAZAR P.O. TUKRAPARA P.S. GOROIMARI DIST. KAMRUP ASSAM PIN- 781137. 4:CHAN MAHMUD S/O- LATE ABDUL JOBBAR R/O- VILL.- CHAMPUPARA PATHAR P.O. CHAMPUPARA BAZAR P.S. CHAYGAON DIST. KAMRUP ASSAM PIN- 781136. 5:SOBUR UDDIN S/O- LATE HUSSAIN ALI R/O- VILL.- GOROIMARI SATRA P.O. TUKRAPARA P.S. GOROIMARI DIST. KAMRUP ASSAM PIN- 781137
Advocate for the Petitioner : MR. A M AHMED, P. GHOSH
Advocate for the Respondent : MR. S SINHA (R-1 TO 5), MS. M SHARMA(R-1 TO 5)
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BEFORE HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 06.11 . 2024
Heard Mr. A. M. Ahmed, learned counsel for the petitioners and Mr. S. Sinha, learned counsel for all the contemnors/ respondents.
The present contempt petition has been filed alleging violation of the order darted 08.05.2024 passed by this Court in FAO No. 29/2024. The said order is reproduced hereinbelow:-
“Heard Mr. R. Majumdar, learned counsel for the appellant.
The appeal is admitted.
Issue notice.
Appellant shall take steps for service of notice on the respondents by dasti.
List after four weeks.
It is further directed that till the returnable date, no construction works shall be undertaken over Schedule- E to M land.”
Mr. S. Sinha, leaned counsel for the respondents/ contemnors submits that the petitioners did not take steps for service of notice upon the respondents/ contemnors as ordered by this Court on 08.05.2024 but the notice was served by the registered post with A/D through the Registry of this Court.
Mr. Sinha learned counsel for the contemnors/ respondents further submits that immediately on receipt of the notice by registered post with A/D, the respondents/ contemnors have stopped construction works and thereafter no construction has been undertaken by the respondents/ contemnors as
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alleged by the petitioners.
In view of the submission made by the learned counsel for the respondents/ contemnors and taking into consideration that the respondents/ contemnors are no longer undertaking construction works in the suit land subsequent to the receipt of the notice from the Court, this Court is of the considered view that no contempt has been made out against the contemnors/ respondents.
Accordingly, the contempt petition is closed and dismissed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether non-construction of works after receipt of notice constitutes contempt of court order.
Whether contempt is made out when respondents had already stopped construction activities.
CHAMPUPARA BAZAR COMMITTEE AND ANR
KHOIRUL HUSSAIN AND 4 ORS
K. SEMA
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
