Krishna Kanta Barman and Anr. Vs Nibedan Das Patowary, Acs… — Contempt of Court | Gauhati HC (2026)

Krishna Kanta Barman and Anr. Vs Nibedan Das Patowary, Acs… — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Contempt petition closed, no willful or deliberate violation of this Court's directions dated 18-12-2025 in W.P.(C) No. 7343/2025 having been found; liberty reserved to the petitioner to institute appropriate proceedings assailing the order dated 15-01-2026; the speaking order dated 15-01-2026 produced by Mr. Saikia kept on record marked 'X' for identification.

Issue for consideration

Whether there was any willful and/or deliberate violation by the respondents of the directions passed by this Court vide order dated 18-12-2025 in W.P.(C) No. 7343/2025, notwithstanding the speaking order dated 15-01-2026 passed by the District Commissioner holding that the petitioner school could not be considered as HSLC centre for the academic Session 2025-26.

Court's answer

On perusal, the Court found that the order dated 15-01-2026 passed by the District Commissioner was issued in compliance with the directions passed by this Court vide order dated 18-12-2025 in W.P.(C) No. 7343/2025.

Ratio / Principle

No willful and/or deliberate violation of the directions passed by this Court was found; accordingly, the present contempt petition stands closed.

Key takeaways

Liberty is reserved to the petitioner to institute appropriate proceedings assailing the order dated 15-01-2026 passed by the District Commissioner.ratio¶¶17

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), Order dated 06-03-2026 in Cont.Cas(C)/30/2026: Contempt petition filed by Krishna Kanta Barman and Sabeswar Haloi alleging non-compliance with the directions passed by the Court vide order dated 18-12-2025 in W.P.(C) No. 7343/2025 relating to consideration of Dakshin Pakowa Bahjani Milan High School as an HSLC centre. Counsel for Respondent No. 1 (District Commissioner, Nalbari) submitted that, after verifying the school premises, a speaking order dated 15-01-2026 had been passed holding that the school could not be considered as HSLC centre for the academic Session 2025-26, thereby complying with the Court's directions. Perusing that order, the Court found it to have been issued in compliance with its earlier directions and found no willful and/or deliberate violation; the contempt petition was accordingly closed, with liberty expressly reserved to the petitioners to institute appropriate proceedings assailing the order dated 15-01-2026, which was kept on record marked 'X' for identification.

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GAHC010007792026

2026:GAU-AS:3379

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

Case No. : Cont.Cas(C)/30/2026

KRISHNA KANTA BARMAN AND ANR S/O BIPIN BARMAN, PRESIDENT, SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE, DAKSHIN PAKOWA BAHJANI MILAN HIGH SCHOOL, DEHAR KALAKUCHI, NALBARI, R/O VILL- KUMARIKATA, P.ODEHAR KALAKUCHI, DIST- NALBARI, ASSAM, PIN- 781310

2: SABESWAR HALOI S/O LATE KALIRAM HALOI PRESIDENT HSLC CENTRE COMMITTEE DAKSHIN PAKOWA BAHJANI MILAN HIGH SCHOOL HSLC CENTRE DEHAR KALAKUCHI NALBARI VILL- BIHAMPUR P.O- BANAGRAM DIST- NALBARI ASSAM PIN- 78130 VERSUS NIBEDAN DAS PATOWARY, ACS AND ANR THE DISTRICT COMMISSIONER, NALBARI, ASSAM, PIN- 781335 2:JAYANTA THAKURIA AES THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN- 78133

Advocate for the Petitioner : MR. B PURKAYASTHA, MR. T K DEY,MR. S SUTRADHAR

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Advocate for the Respondent : MS. S DEB(R1), MR. N J KHATANIAR(R2),MR. P SAIKIA(R1)

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 06-03-2026

Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned counsel appearing for the respondent No. 1 who submits that the District Commissioner after carrying out a verification of the premises of the petitioner school, has passed a speaking order dated 15-01-2026 holding that the school could not be considered as HSLC centre for the academic Session 2025-26. He submits that the direction passed by this Court vide order dated 18-12-2025 passed in W.P.(C) No. 7343/2025 has accordingly, been complied with.

This Court has perused the order dated 15-01-2026 and finds that the same has been issued in compliance with the directions passed by this Court vide the said order dated 18-12-2025 and no willful and/ or deliberate violation of the directions passed by this Court being found, the present contempt petition stands closed.

Liberty, however, is reserved to the petitioner to institute appropriate proceeding assailing the order dated 15-01-2026.

The speaking order dated 15-01-2026 produced by Mr. Saikia, is kept on record marked as ‘X’ for identification.

Contempt petition stands closed.

JUDGE

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Comparing Assistant