Page No.# 1/5 vs Ghanshyam Dass
2021 Latest Caselaw 1671 Gua

                                                                  Page No.# 1/5

GAHC010191992020




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

                       Case No. : I.A.(Civil)/2315/2020

         JADAV CH. KUMAR AND 11 ORS.
         S/O. LATE PADO RAM KUMAR, R/O. KAILASH NAGAR, RUP NAGAR,
         HOUSE NO. 32, P.O. RUPNAGAR, P.S. BHANGAGARH, GUWAHATI, DIST.
         KAMRUP(M), ASSAM.

         2: PRABHAT CH. KALITA
          S/O- LT. C.R. KALITA
          R/O. M.T. ROAD
          NARIKALBARI
          4TH BYE-LANE (JAYA PATH)
          HOUSE NO. 31
          P.O. ZOO ROAD
          P.S.- GEETANAGAR
          GUWAHATI- 781024
          DISTRICT- KAMRUP(METRO)
         ASSAM.

         3: DHARANI DHAR KALITA
          S/O- LATE DHANI RAM KALITA
          R/O- VILLAGE- KHUDRADADHI
          P.O. GERUA
          HAJO
          DISTRICT- KAMRUP
         ASSAM.

         4: KRISHNA KALITA
          S/O- LATE KHARGESWAR KALITA
          R/O- JAPORIGOG
          KRISHNA NAGAR
          BIKRAMPUR ROAD
          HOUSE NO. 41
          GUWAHATI- 781005
          DISTRICT- KAMRUP(METRO)
         ASSAM.
                                     Page No.# 2/5


5: HEMEN DAS
 S/O- LATE AGHANU RAM DAS
 R/O- R.G. BARUAH ROAD
 LAKHIMI PATH
 BYE-LANE NO. 1
 HOUSE NO. 2
 P.O. ZOO ROAD
 P.S. GEETANAGAR
 GUWAHATI- 781024
 DISTRICT- KAMRUP(METRO)
ASSAM.

6: PRABHASH KAKATI
 S/O- LATE PADMA KAKATI
 R/O- 1 PRAGATI PATH
 MATHURA NAGAR
 P.O. AND P.S. DISPUR
 GUWAHATI- 781006
 DISTRICT- KAMRUP(METRO)
ASSAM.

7: SARBESWAR KALITA
 S/O- LATE DHANESWAR KALITA
 R/O- HENGRABARI ROAD
 R.C. DAS PATH
 HOUSE NO. 12
 P.O. AND P.S. DISPUR
 GUWAHATI- 781006
 DISTRICT- KAMRUP(METRO)
ASSAM.

8: PRADIP KUMAR SARMA
 S/O- LATE TARUN CH. SARMA
 R/O- G.N.B. ROAD
 P.O.- SILPUKHURI
 P.S. CHANDMARI
 GUWAHATI- 781003
 DISTRICT- KAMRUP(METRO)
ASSAM.

9: ANANTA SARMA
 S/O- LATE AMRIT CH. SARMA
 R/O- VILLAGE AND P.O. BARANGHATI
 P.S. KAYAN
 DISTRICT- KAMRUP
ASSAM.
                                                                  Page No.# 3/5

             10: HARICHARAN DEKA
              S/O- LATE KABIRAM DEKA
              R/O- VILLAGE AND P.O. BUDRUKUCHI
              P.S. NALBARI
              DISTRICT- NALBARI
             ASSAM.

             11: PHATIK CH. DEKA
              S/O- LATE PITAMBAR DEKA
              R/O- VILLAGE AND P.O. SARPARA
              P.S.- PALASHBARI (MIRZA)
              DISTRICT- KAMRUP
             ASSAM.

             12: BANAJIT CHOWDHURY
              S/O HARENDRA CH. CHOWDHURY
              R/O HOUSE NO. 3
              SENDURI ALI
              LINK ROAD
              R.G.B. ROAD
              P.O. ZOO-ROAD
              P.S.- GEETANAGAR
              GUWAHATI- 781024
              DISTRICT- KAMRUP(M)
             ASSAM

             VERSUS

             GHANSHYAM DASS
             COMMISSIONER OF GUWAHATI MUNICIPAL CORPORATION, GHY-1,
             ASSAM


Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : SC, GMC

                                    :: BEFORE ::
                      HON'BLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

16.07.2021

Because of COVID Pandemic situation, the Court proceedings are Page No.# 4/5

conducted through Video Conferencing.

Heard Mr. B.D. Konwar, learned Senior Counsel for the applicants, assisted by Mr. J. Singh, Advocate. Also heard Mr. S. Bora, learned counsel appearing for the respondent no.4.

The learned counsel representing respondent no.4 submits that with the passage of time the respondent no.4 is no longer the Commissioner of the Guwahati Municipal Corporation (GMC). It is submitted that this application has been filed for impleading Sri Ghanshyam Dass as respondent no.5 in the contempt petition who was the then Commissioner of Guwahati Municipal Corporation. It is also submitted that the said officer has also been relieved of his office and presently the office of the Commissioner of GMC is being held by Sri Devashish Sharma.

It is seen that the order in respect of which contempt is alleged is the non-compliance of judgment and order dated 13.03.2019 passed by this Court in WP(C) 5085/2017 (Dr. Banajit Chowdhury and 3 Ors) and another connected writ petition, being WP(C) 4591/2017, wherein direction was issued to the respondents to pay the arrear pension to the petitioners. The Senior Counsel for the applicants has submitted that the order dated 13.03.2019 has not yet been complied with.

Taking note of the fact that during the pendency of the writ petition, the Commissioner of the GMC has changed from time-to-time and that to insist upon the petitioners to file successive application for impleading would only cause delay in the disposal of the contempt petition, which is pending since 2019. Accordingly, the Court is inclined to take note of the non-compliance of order dated 13.03.2019, referred to above and implead (a) Sri Ghanshyam Page No.# 5/5

Dass, the former Commissioner of Guwahati Municipal Corporation, and (b) Sri Devashish Sharma, the present Commissioner of Guwahati Municipal Corporation as respondent nos. 5 and 6 respectively in the connected contempt petition.

Accordingly, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant