Contempt petition alleging non-compliance with a 2017 writ order on payment of contractual dues. PWD authorities submitted letters evidencing payment of Rs. 54,64,653/-, and the court concluded the order had been complied with and closed the contempt petition.
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GAHC010244672019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/605/2019
M/S. BEE KAY ENTERPRISE
HAVING ITS BRANCH OFFICE AT KENDUGURI CHARIALI, A.T. ROAD, JORHAT AND HEAD OFFICE AT GROUND FLOOR, AVATAR COMPLEX, NAHARANI PATH, BASISTHA ROAD, DISPUR, GUWAHATI-06, REP. BY ITS PROPRIETOR SRI SASANTA KALITA, S/O. LT. HITESWAR KALITA, R/O. 1-H KRISHAN PLAZA, BONPHOOL NAGAR PATH, DISPUR, GUWAHATI-06.
VERSUS
RAJESH KEMPRAI AND 6 ORS. THE COMMISSIONER AND SPL. SECRETARY, PWD (ROADS), DISPUR, GUWAHATI-06.
2:DIPJYOTI SAHARIA
SECRETARY PWD (ROADS) DISPUR GUWAHATI-06.
3:SANJIB LAHON
SUPERINTENDENT ENGINEER JORHAT ROAD CIRCLE PWD JORHAT-785001.
4:BIPUL DUTTA
EXECUTIVE ENGINEER JORHAT STATE ROAD DIVISION GORMOR OPP. JEC JORHAT-785001.
5:ANJAN DEY
ASSTT. EXECUTIVE ENGINEER JORHAT STATE ROAD SUB DIVISION GORMOR OPP. JEC JORHAT-785001.
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6:MANIK BORA
JUNIOR ENGINEER JORHAT STATE ROAD SUB DIVISION GORMOR OPP. JEC JORHAT-785001.
7:SHAYAMAL BEZBARUAH
JUNIOR ENGINEER SIBSAGAR RURAL ROAD DIVISION SIBSAGAR PIN
Advocate for the Petitioner : MR. Y DOLOI, MR. P K BORDOLOI,MR. P G BHAGAWATI
Advocate for the Respondent : MR. D SAIKIA, MR P NAYAK,MR. B GOGOI
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
02.08.2024
This contempt petition has been filed on the ground that the order dated 24.05.2017 passed in WP(C) 3684/2012 has not been complied with, inasmuch as, the authorities were to consider the claim of the petitioner for payment of his contractual dues.
Mr. B. Gogoi has submitted a letter dated 01.08.2024 issued by the Chief Engineer, PWD (Roads) Division, which states that in terms of the letter dated 15.06.2024, issued by the Executive Engineer, PWD, Jorhat and Titabor Territorial Road Division, an amount of Rs. 54,64,653/- has already been paid, vide voucher No. 26 dated 17.03.2020, pursuant to the order dated 24.05.2017 passed in WP(C) 3684/2012.
Mr. S. Z. Ahmed, learned counsel for the petitioner submits that he does not have any comment to make in view of the fact that the petitioner had expired three months back.
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In view of the letter dated 01.08.2024 issued by the Chief Engineer, PWD (Roads) Division and the letter dated 15.06.2024 issued by the Executive Engineer, PWD, Jorhat and Titabor Territorial Road Division, this Court is of the view that the order dated 24.05.2017 passed in WP(C) 3684/2012 has been complied with.
The letter dated 01.08.2024 issued by the Chief Engineer, PWD (Roads) Division and the letter dated 15.06.2024 issued by the Executive Engineer, PWD, Jorhat and Titabor Territorial Road Division are made a part of the record and marked as Annexure X & Y respectively.
The contempt petition is accordingly closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Has the order dated 24.05.2017 in WP(C) 3684/2012 regarding payment of contractual dues been complied with?
M/S. Bee Kay Enterprise (Rep. by its Proprietor Sri Sasanta Kalita)
Rajesh Kemprai (Commissioner and Spl. Secretary, PWD (Roads))
Dipjyoti Saharia (Secretary, PWD (Roads))
Sanjib Lahon (Superintendent Engineer, Jorhat Road Circle, PWD)
Bipul Dutta (Executive Engineer, Jorhat State Road Division)
Anjan Dey (Asstt. Executive Engineer, Jorhat State Road Sub Division)
Michael Zothankhuma
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
