A contempt petition over unpaid vehicle hiring charges was closed after the S.P., Hojai submitted a letter confirming all outstanding dues of about Rs.19,22,222/- had been paid to the petitioner in two sanctioned instalments.
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GAHC010260072023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/694/2023
KALU UDDIN CHOUDHURY S/O- JUNAB ALI CHOUDHURY.
PERMANENT R/O- 214, WARD NO-4, KRISHNA NAGAR, NEAR MASJID, P.O AND P.S- LUMDING,
DIST- HOJAI, ASSAM, PIN-782447
VERSUS
PABAN KUMAR BORTHAKUR AND 7 ORS THE STATE OF ASSAM,
REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06
2:ASIM KUMAR BHATTACHARYA
THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06
3:NIRAJ VERMA
THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-06 ASSAM
4:DEBA PRASAD MISRA
THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06
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5:GYANENDRA PRASAD SINGH THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER AT B.K KAKOTY ROAD ULUBARI GUWAHATI-07 ASSAM
6:NITUL GOGOI THE INSPECTOR GENERAL OF POLICE (ADMN) B.K KAKOTY ROAD ULUBARI GUWAHATI-07 ASSAM
7:SAURABH GUPTA THE SUPERINTENDENT OF POLICE
DIST- HOJAI AT SANKARDEV NAGAR
PIN-782442 ASSAM
8:SUSHANTA SINHA
THE MOTOR TRANSPORT OFFICER (MTO)
DIST- HOJAI AT SANKARDEV NAGAR PIN-782442 ASSA
Advocate for the Petitioner : MR H K J AHMED, MS. D SINHA,MR S.H. CHOUDHURY,P. SWARGIARY,MR R YASIN,MR. S N KRISHNATRAYA
Advocate for the Respondent : MR. A DAS (R-1), O ASSUMI (R-5),MR. D NATH (R-5),MS. B TALUKDAR (R-2),MS G BORA (R-2),MR. M BHAGABATI (R-2),MS. M DEVI (R-1)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
07.08.2024
No one appears for the petitioner on call.
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4. Mr. D. Nath, learned Addl. Sr. Government Advocate appearing for the respondent No.5 has submitted a letter dated 05.08.2024 issued by the S.P. Hojai, Assam, which is to the effect that all the payments due to the petitioner has already been paid.
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a typographical error in the letter dated 05.08.2024, inasmuch as, the amount of Rs.19,32,222/- should be read as Rs.19,22,222/-.
“Sub: Cont. Case (C) No.694/2023 (Kalu Uddin Choudhury -vs- State of Assam & 7 ors)
Ref: (i) Memo No. LB/Cont. Case (C) No. 694/23/2024/76 /151 Dt. 23-072024.
(ii) Memo No.SR/GA/DN/2024/6244 Dt. 19-07-2024.
Sir,
With reference to the subject cited above, I have the honour to furnish herewith the payment status in connection with Cont. Case (C) No. 694/2023 (Kalu Uddin Choudhury -vs- State of Assam & 7 ors).
Accordingly from the outstanding amount of Rs. 19,32,222/- (Nineteen lakhs thirty two thousand two hundred twenty two) only financial sanction for Rs. 14,07,398/- (Rupees Fourteen lakhs seven thousand three hundred ninety eight) only paid to the petitioner vide sanctioned Memo No.FS/POL_202324(1)_4953 dtd. 04.03.2024 and the Bill was submitted to Treasury vide Bill No. 417 dtd. 13-03-2024 and remaining amount of Rs. 5,14,824/- (Rupees Five lakhs fourteen thousand eight hundred twenty four) only was paid to the petitioner vide sanctioned Memo No. FS/POL_2024-25(1)_208 dtd. 17.05.2024 and the Bill was submitted to Treasury vide Bill No. 116 dtd. 17.07.2024.
Submitted for favour of your kind perusal.”
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has been stated that all the dues payable to the petitioner has been paid, the contempt petition stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondents had complied with the directive to release vehicle hiring charges to the petitioner, justifying closure of the contempt petition.
Colour shows how this judgement treated each authority
Tamsher Ali Vs. State of AssamReferred¶3
Tamsher Ali Vs. State of Assam, reported in 2008 (4) GLT 1.
Kalu Uddin Choudhury
Paban Kumar Borthakur
Asim Kumar Bhattacharya
Niraj Verma
Deba Prasad Misra
Gyanendra Prasad Singh, Nitul Gogoi, Saurabh Gupta, Sushanta Sinha
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
