Chandan Deka Vs S K Das and 2 Ors. — Contempt of Court | Gauhati HC (2025)

Chandan Deka Vs S K Das and 2 Ors. — Contempt of Court | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Both contempt petitions (Cont.Cas(C)/624/2020 and linked Cont.Cas(C)/6/2021) stand closed; notices issued stand recalled; the petitioner's claim for arrears of contractual dues is made subject to the outcome of WP(C) No. 3313/2024.

Issue for consideration

Whether the contempt petitions (Cont.Cas(C)/624/2020 and the linked Cont.Cas(C)/6/2021) should continue to be pressed, given that the directions earlier passed by this Court have been substantially complied with. +1 more

Court's answer

In view of the petitioner's counsel's submission that the directions passed by this Court have been substantially complied with and that he would not press the contempt petitions further, these present contempt petitions stand closed.

Ratio / Principle

The petitioner's claim for being paid the arrears of his contractual dues, being involved in the proceedings of WP(C) No. 3313/2024, would be subject to the outcome of that writ petition.

Key takeaways

The notices issued in the contempt petitions stand recalled as part of the closure of the petitions.ratio¶27

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice N. Unni Krishnan Nair), order dated 06-08-2025 in Cont.Cas(C)/624/2020 (linked case Cont.Cas(C)/6/2021), Chandan Deka v. Principal Secretary, Karbi Anglong Autonomous District Council and others (Addnl. Chief Engineer Zone IV and Executive Engineer, Irrigation Department, Karbi Anglong): contempt petitions closed. During the pendency of the contempt cases the respondents had released a part of the dues receivable by the petitioner, which he received under protest; aggrieved by the withholding of a substantial portion of his contractual dues, the petitioner had instituted WP(C)/3313/2024, presently before this Court. As the directions passed by this Court had been substantially complied with, the petitioner's counsel elected not to press the contempt petitions further; the prayer that the dues be made subject to the outcome of WP(C)/3313/2024 was not objected to by counsel for the respondents/contemnors. Accordingly, the contempt petitions stand closed, the notices issued stand recalled, and the claim for arrears of contractual dues is subject to the outcome of WP(C) No. 3313/2024.

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GAHC010186592020

2025:GAU-AS:10209

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)/624/2020

CHANDAN DEKA

S/O UTTAM CH. DEKA, R/O AMRIT NAGAR, BASISTHA CHARIALI, P.O. AND P.S.-BASISTHA, GUWAHATI, DIST-KAMRUP(M), ASSAM

VERSUS

S K DAS AND 2 ORS PRINCIPAL SECRETARY, KARBI ANGLONG AUTONOMOUS DISTRICT COUNCIL, DIPHU, KARBI ANGLONG, PIN-782460

2:JOY BINON LANGMALAI ADDNL. CHIEF ENGINEER ZONE IV IRRIGATION DEPARTMENT AKRBI ANGLONG DIPHU PIN-782460

3:SEMSON SING TERONG EXECUTIVE ENGINEER IRRIGATION DEPARTMENT KARBI ANGLONG DIPHU PIN-78246

Advocate for the Petitioner : MR. R GOSWAMI, MS. R DEVI,MS. P. KALITA

Advocate for the Respondent : MS. S KEMPRAI, SC, KARBI ANGLONG

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Linked Case : Cont.Cas(C)/6/2021

CHANDAN DEKA S/O UTTAM CH. DEKA R/O AMRIT NAGAR BASISTHA CHARIALI P.O. AND P.S.-BASISTHA GUWAHATI DIST-KAMRUP(M) ASSAM VERSUS

S K DAS AND 2 ORS PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS DISTRICT COUNCIL DIPHU KARBI ANGLONG PIN-782460 2:JOY BINON LANGMALAI ADDNL. CHIEF ENGINEER ZONE IV IRRIGATION DEPARTMENT KARBI ANGLONG DIPHU PIN-782460 3:SEMSON SING TERONG EXECUTIVE ENGINEER IRRIGATION DEPARTMENT KARBI ANGLONG DIPHU PIN-782460 -----------Advocate for : MR. R GOSWAMI Advocate for : MR J CHUTIYA(R-3) appearing for S K DAS AND 2 ORS

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 06-08-2025

Mr. R. Goswami, learned counsel for the petitioner in the above noted

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contempt cases, has submitted that during the pendency of the contempt cases, the respondents had released a part of the dues receivable by the petitioner in the matter. The petitioner has received the said amount under protest. Thereafter, being aggrieved with the withholding of a substantial portion of his contractual dues, the petitioner had instituted WP(C)/3313/2024, which is presently disposal before this Court.

Mr. Goswami submits that as the directions passed by this Court have been substantially complied, he would not be pressing the contempt petitions any further. However, the dues receivable by the petitioner be made subject to the outcome of WP(C)/3313/2024.

Prayer is not objected to by Mr. J. Chutia, learned counsel appearing for the respondents/contemnors.

In view of the submissions made by Mr. R. Goswami, learned counsel for the petitioner, these present contempt petitions stand closed. The claim of the petitioner for being paid the arrears of his contractual dues, being involved in the proceedings of WP(C) No. 3313/2024, such claim would be subject to the outcome of the said writ petition.

Notices issued stand recalled.

Comparing Assistant