Azhar Ali Md. Azahar Ali vs Gyanendra Dev Tripathi
2021 Latest Caselaw 3461 Gua

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GAHC010163142021




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

                               Case No. : Cont.Cas(C)/396/2021

            AZHAR ALI MD. AZAHAR ALI,
            S/O LATE ABDUL AWAL SHEIKH, R/O VILL. UZANBAZAR, P.O. HAZIRHAT,
            DIST. SOUTH SALMARA MANKACHAR, ASSAM.



            VERSUS

            GYANENDRA DEV TRIPATHI, I.A.S. AND 2 ORS
            INSPECTOR GENERAL OF REGISTRATION, ASSAM, RUPNAGAR,
            GUWAHATI 32

            2:HIVARE NISARG GAUTAM
             I.A.S
            THE DIST. REGISTRAR SOUTH SALMARA MANKACHAR
             P.O. HATISINGIMARI
             P.S. SOUTH SALMAR
             DIST. SOUTH SALMARA MANKACHAR
             P.O. HATISINGIMARI
             P.S. SOUTH SALMARA
             DIST. SOUTH SALMARA MANKACHAR
            ASSAM
             PIN 783135

            3:ABDUL KALAM

             S/O TUFAZ UDDIN SK.
             R/O VILL. KANAIMARA PART-II
             P.O. KANAIMARA
             DIST. SOUTH SALMARA MANKACHAR
             ASSAM
             PIN 78313

Advocate for the Petitioner   : MR A ISLAM
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Advocate for the Respondent : MR. D SAIKIA (R1)




                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

Date : 14-12-2021

Heard Mr. A Islam, learned counsel for the petitioner. Mr. J Handique, learned counsel appears for the respondent No. 1, Mr. A Gogoi, learned counsel appears for the respondent No. 2 and Mr. A Hussain, learned counsel appears for the respondent No. 3.

This Court, vide judgment dated 27.01.2021 passed in WP(C) No. 2029/2020, had held that the license given to the respondent No. 5 vide notification 06.01.2020 to register Muslim Marriages and Divorces within the Hatisingimari, South Salmara Mankachar district was illegal and unsustainable, in so far as it over-lapped the jurisdiction of the areas covered by the petitioner's license, i.e., the entire South Salmara Police Station jurisdiction. Accordingly, the notification dated 06.01.2020 issued to the respondent No. 5 was set aside to the extent that the said license encompassed areas within the jurisdiction of South Salamara Police Station.

Despite the above judgment, the State respondents have till date not cancelled the notification dated 06.01.2020 issued to the respondent No. 5, in so far as it over-laps the area covered by the petitioner's license.

Mr. J Handique, learned counsel for the respondent No. 1 has submitted a letter dated 13.12.2021, which is to the effect that though the basis of cancellation of license of MMR and Kazi Hatisingimari has already started, it Page No.# 3/3

would have to be placed in the next meeting of Permanent Committee for consideration. However, there is no Permanent Committee as on date as the earlier Permanent Committee's terms had expired on 28.10.2021.

The above letter dated 13.12.2021 shows that the judgment passed by this Court on 27.01.2021 has not been complied with, even during the term of the Permanent Committee which expired only on 28.10.2021. Prima facie it appears that the respondents are wilfully disobeying the judgment dated 27.01.2021. However, as the authority who appoints the MMR and Kazi has not been made a party in this contempt petition, it is necessary to implead the Secretary to the Government of Assam, Revenue (Registration) Department, Dispur as a respondent, as the said party was respondent No. 2 in the writ petition.

List the matter on 17th December, 2021, to enable the counsels to give the name of the Secretary, Revenue (Registration) Department, Dispur to this Court.

JUDGE

Comparing Assistant