Contempt petition alleging disobedience of a writ direction to decide the petitioner's representation and fixed pay claim within timelines. A speaking order dated 11.06.2024 was passed during pendency; holding that compliance had been effected, the court closed the contempt petition.
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GAHC010057632024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/186/2024
ABDUL WAHAB
S/O- MANIR UDDIN MIAH, R/O- VILL UTTAR MARAGADADHAR, P.OMARAGADADHAR, P.S- GOLAKGANJ, DIST- DHUBRI, ASSAM, PIN-783335
VERSUS
J. B. EKKA AND 5 ORS. PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:JAY SHIVANI
COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037. 3:GOKUL CH. BRAHMA CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD DHUBRI ASSAM PIN- 783301.
4:MANOB JYOTI BAISHYA BLOCK DEVELOPMENT OFFICER GOLAKGANJ DEVELOPMENT BLOCK AT GOLAKGANJ P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 783334.
5:ASHADUR RAHMAN
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PRESIDENT/CHAIRMAN ZILLA PARISHAD DHUBRI ASSAM PIN- 783301.
6:FOYJAL HOQUE SARKAR SECRETARY UTTAR MARAGADADHAR GAON PANCHAYAT AGOMONI DHUBRI ASSAM PIN- 783335
Advocate for the Petitioner : MR. M J BARUAH, MR. A. ALI
Advocate for the Respondent : MR S DUTTA(R-3), MR S DUTTA (R-2),MR. K KONWAR (R2),MR U.SARMAH(R-3),MS. N BORAH(R-3)
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
09.03.2026
Heard Mr. M.J. Baruah, learned counsel for the petitioner.
This contempt petition has been filed alleging willful and deliberate disobedience of the directions contained in the order dated 03.04.2023 passed in W.P(C) No. 1881/2023. By the said order, this court had permitted the petitioner to file a representation before the respondent No. 3, namely the Chief Executive Officer, Dhubri Zilla Parishad within a period of 1 week from the date of the order and if such a representation is filed, the same should be examined and a speaking order be passed within 15 days from the date of filing of the application. The question of the grant of fixed pay, the authorities were directed to decide the issue expeditiously within an outer limit of 90 days from the date of receipt of the papers by the Zilla Parishad. Since this order was not complied with, the contempt petition was filed.
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Notices were issued on 08.04.2024. During the pendency of this contempt petition by order dated 11.06.2024, a speaking order was passed whereby the claim of the petitioner who was found to be not genuine and the representation dated 25.10.2023 stood disposed of. Copy of this order has been placed before the court by the Mr. A.K. Ghosh, learned standing counsel appearing for the respondents.
Since the speaking order dated 11.06.2024 has already been passed as directed by the Court vide order dated 03.04.2023 passed in WP(C) No. 1881/2023, this Court is of the view that considering the speaking order passed by the respondents, this contempt petition can be closed at this stage.
Accordingly, contempt petition stands closed.
Notices issued stand recalled.
The order dated 11.06.2024, which is passed by the authority concerned, is kept as a part of the case record.
The counsel for the petitioner is at liberty to assail the impugned order if so aggrieved.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether non-compliance of the directions in the order dated 03.04.2023 in W.P(C) No. 1881/2023 warranted contempt proceedings.
Abdul Wahab
J. B. Ekka, Principal Secretary, Panchayat and Rural Development Department, Assam
Jay Shivani, Commissioner, Panchayat and Rural Development, Assam
Gokul Ch. Brahma, Chief Executive Officer, Dhubri Zilla Parishad
Manob Jyoti Baishya, Block Development Officer, Golakganj Development Block
Ashadur Rahman, President/Chairman, Zilla Parishad, Dhubri
Soumitra Saikia
As recorded by the court registry
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