Disposed¶¶20

Biju Devi and 2 Ors. v. Narayan Konwar and Anr.

Contempt – Closure as infructuous

Gauhati HC13 May 2025Cont.Cas(C)/643/2023

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What is this about?

Gauhati High Court contempt petition closed as infructuous; petitioner absent on call; counsel S M T Chistie for respondents/contemnors; contempt directed against interim order dated 22.06.2023 in WP(C) No. 7621/2022; main writ petition disposed of by final order dated 13.08.2024; fresh contempt Cont.Cas(C) No. 45/2025 for non-compliance of final order; respondents Narayan Konwar (Department of School Education, Assam) and Mamata Hojai, Director of Secondary Education, Assam; petitioners from Keotkuchi/Batikuriha, Barpeta, Assam; single bench of Robin Phukan, J.; order dated 14.05.2025; Cont.Cas(C)/643/2023.

What did the court decide?

None - the contempt petition was closed as infructuous; no substantive relief was granted or decided on merits. ¶¶20

Biju Devi and 2 Ors. Vs Narayan Konwar and Anr. — Contempt of Court | Gauhati HC (2025)

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GAHC010234462023

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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)/643/2023

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BIJU DEVI AND 2 ORS. D/O- BHRIGU NATH SARMA, R/O- VILL.- KEOTKUCHI, DIST. BARPETA, ASSAM, PIN- 781309.

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2: UTPAL CHANDRA TALUKDAR S/O- KRISHNA KANTA TALUKDAR R/O- VILL.- KEOTKUCHI DIST. BARPETA ASSAM PIN- 781309. 3: MAHINATH SARMA S/O- LOKNATH SARMA R/O- VILL.- BATIKURIHA DIST. BARPETA ASSAM PIN- 781309

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VERSUS

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NARAYAN KONWAR AND ANR SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-781006.

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2:MS. MAMATA HOJAI AES DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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Advocate for the Petitioner : MR. U K NAIR, MR A CHAKRABORTY,MS D MAHANTA

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Advocate for the Respondent : MR. D SAIKIA (R-2), MR S M T CHISTIE(R-1),MR. D SAIKIA (R-

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1),MS K DAS (R-2),MR. U SARMA (R-1,2)

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 14.05.2025

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None appears for the petitioner on call. However, Mr. S.M.T. Chistie, learned counsel for the respondents/contemnors is present.

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Mr. Chistie, learned counsel for the respondents/contemnors submits that this contempt petition is directed against an interim order dated 22.06.2023, in WP(C) No. 7621/2022, and thereafter, the said writ petition was disposed of, vide final order, dated 13.08.2024, and for non-compliance of the final order dated 13.08.2024, another contempt case, being Cont.Cas(C) No. 45/2025, has been instituted. Mr. Chistie further submits that since the main case has already been disposed of and against non-compliance of the final order passed in the main petition, a contempt petition has already been instituted, this contempt petition becomes infructuous and accordingly, the same may be closed.

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Taking note of the submission of Mr. Chsitie, learned counsel for the respondents/contemnors, and also considering the facts and circumstances on the record, this contempt petition stands closed as the main petition, WP(C) No. 7621/2022, has already been disposed of, vide final order dated 13.08.2024.

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JUDGE

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Biju Devi and 2 Ors. v. Narayan Konwar and Anr.

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Biju Devi and 2 Ors. v. Narayan Konwar and Anr.

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