Ansumwi Narzary vs Anurag Goel
2022 Latest Caselaw 4027 Gua

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GAHC010178082022




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

                                Case No. : Cont.Cas(C)/494/2022

            ANSUMWI NARZARY
            S/O- LATE GOSHI RAM NARZARY, VILL. GOSSAIGAON, P.O. -
            RANCHAIDHAM, P.S. BASUGAON, DIST. CHIRANG, PIN- 783372.



            VERSUS

            ANURAG GOEL
            PRINCIPAL AND SECRETARY, BODOLAND TERRITORIAL COUNCIL,
            KOKRAJHAR-783370.



Advocate for the Petitioner   : MR. A BORO

Advocate for the Respondent :




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

19.10.2022

Heard Mr. A Boro, learned counsel for the petitioner.

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2. This contempt petition is being instituted alleging willful and deliberate violation of the order dated 17.12.2021 in WP(C)5983/2021. The order dated 17.12.2021 in WP(C)5983/2021 is extracted as below:

"Heard Mr. U K Nair, learned Senior counsel assisted by Mr. A Boro, learned counsel for the petitioner and Mr. P Nayak, learned Standing counsel, PWD as well as BTC for the respondent Nos. 1 and 2 to 8 respectively.

The respondent authorities in the PWD Department have issued a completion certificate stating that the petitioner has already completed the work of "Ansumwi Rubber Plantation at Gossaigaon village" under SOPD Fund for the year 2018-2019.

It is stated by the petitioner that an admitted amount of Rs.9,80,100/- is payable to him for completion of the aforesaid construction work. In spite of his best effort, the respondent authorities did not pay him the said admitted amount. Hence, this writ petition.

Learned counsels for the parties submitted at the bar that this case is covered by the order dated 17.12.2021 passed by this Court in WP(C) No. 6079/2021. In view of the above, this writ petition is disposed of in terms of the order dated 17.12.2021 passed in WP(C) No. 6079/2021."

3. A reading of the order dated 17.12.2021 goes to show that it was the submission of the petitioner before the Court that the admitted amount of Rs.9,80,100/- was payable to him for completion of certain contractual work. The other submission of the petitioner before the Court was that the matter was covered by the judgment dated 17.12.2021 in WP(C)6079/2021. On such submission being made, the Court accordingly ordered that the case of the petitioner was covered by the judgment dated 17.12.2021 in WP(C)6079/2021. The judgment dated 17.12.2021 in WP(C)6079/2021 shows that in the said matter there was a direction for verification of the claims made therein in terms Page No.# 3/4

of the judgment in Tamsher Ali and Others Vs. State of Assam and Others reported in 2008 (4) GLT 1 wherein it was a detailed order as regards the factual claim of the petitioners therein. In the instant case, we do not find any such factual determination by the Court as regards the admissibility of the claim of the petitioner for the amount of Rs.9,80,100/- so as to arrive at a conclusion that there was a direction by this Court which has been willfully and deliberately violated. Consequently, we decline to issue notice of contempt in this proceeding and accordingly close the contempt petition with liberty to the petitioner to approach again so as to determine the admissibility of the claim of the petitioner for a direction for payment of the amount of Rs.9,80,100/- and to adjudicate upon it.

4. The petitioner is accordingly required to file an application before the Additional Chief Engineer cum Director, PWD, BTC, Kokrajhar making a claim for payment of the amount of Rs.9,80,100/- along with relevant materials to support such claim. Upon such application being made, the Additional Chief Engineer cum Director, PWD, BTC shall pass a reasoned order thereon. If the reasoned order is in favour of the petitioner for such payment, necessary consequential action for payment be also taken. The reasoned order be passed within a period of one month from the date of application from the petitioner and if the order results in favour of the petitioner the consequential action for payment be done within a period of four months from the date of such reasoned order.

5. Contempt petition stands closed in the above terms.

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JUDGE

Comparing Assistant