Nirmal Kumar Agarwalla vs Rajesh Prasad
2022 Latest Caselaw 1010 Gua

                                                               Page No.# 1/3

GAHC010203772021




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

                          Case No. : I.A.(Civil)/2078/2021
                                             in
                                   Cont. Cas(C) 531/2015

         NIRMAL KUMAR AGARWALLA
         S/O LATE GOVIND KUMAR AGARWALLA, R/O NEAR MARIAN SCHOOL,
         BARPETA ROAD, DIST. BARPETA, ASSAM, PIN 781315



         VERSUS

         RAJESH PRASAD, IAS and ORS
         COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION
         DEPTT., DISPUR, GUWAHATI 06

         2:LOHIT PATHAK

          CHIEF ENGINEER
          IRRIGATION DEPTT.
          CHANDMARI
          GUWAHATI 03
          DIST. KAMRUP (M)
          ASSAM.

         3:ASSUT DAS

          ADDITIONAL CHIEF ENGINEER
          ZONE-I
          IRRIGATION DEPTT.
          DIST. BARPETA
          ASSAM
          PIN 781301

         4:JAGAN BAISHYA
          SUPERINTENDING ENGINEER
                                                 Page No.# 2/3

             NORTH KAMRUP CIRCLE
             IRRIGATION DEPTT.
             DIST. NALBARI
             ASSAM
             PIN 781335

            5:T.N. PATHAK

             EXECUTIVE ENGINEER
             BARPETA IRRIGATION DIVISION
             SARBHOG
             DIST. BARPETA
             ASSAM
             PIN 781301

            6:DHARANI BHUYAN

             EXECUTIVE ENGINEER
             PATHSALA IRRIGATION DIVISION
             PATHSALA
             DIST. BARPETA
             ASSAM
             PIN 781325

            7:RAVI KOTA
             IAS
             PRINCIPAL SECY.
             FINANCE DEPTT.
             DISPUR
             GUWAHATI 06

            8:BORJEN LAHKAR

             CHIEF ENGINEER
             IRRIGATION DEPTT.
             CHANDMARI
             GUWAHATI
             ASSAM

Advocate for the Petitioner   : MS D DAS

Advocate for the Respondent : MR. N UPADHAYAY

Page No.# 3/3

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

23-03-2022

Heard Ms. D. Das, learned counsel for the applicant.

The applicant as petitioner has preferred a contempt petition being Cont. Cas(C) No. 531/2015 against the Chief Engineer, Irrigation Department, Chandmari for his willful disobedience and non- compliance of the order dated 08.05.2015 passed by the Court in WP(C) No. 6766/2014 which is presently pending for adjudication.

During the pendency of said Cont.Cas(C) No. 531/2015, the former Chief Engineer, Irrigation Department superannuated from his service and a new Chief Engineer, Irrigation Department, namely, Brojen Lahkar has been appointed in the said post.

In view of the above, by this application, the applicant has prayed for impleadment of said Brojen Lahkar as the contemnor/respondent No. 7 in said Cont. Cas(C) No. 531/2015.

It is placed before the Court that the applicant informed the present Chief Engineer, Irrigation Department, Chandmari, i.e., Brojen Lahkar about the judgment and order dated 08.05.2015 passed in WP(C) No. 6766/2014 which he has not yet complied with and also about the pendency of said Cont. Cas(C) No. 531/2015.

Considering the above, the applicant is allowed to implead the present Chief Engineer, Irrigation Department, namely, Brojen Lahkar as the contemnor/respondent No. 7 in the connected Cont. Cas(C) No. 531/2015.

Accordingly, this interlocutory application stands allowed.

JUDGE

Comparing Assistant