Samsul Ahmed vs Borsing Rongpi And 2 Ors
2023 Latest Caselaw 1429 Gua

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GAHC010072712023




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

                                Case No. : Cont.Cas(C)/200/2023

            SAMSUL AHMED
            S/O LATE RASHID, R/O DALABARI, P.O. AND P.S.-MORIGAON, DIST-
            MORIGAON, ASSAM, PIN-782105



            VERSUS

            BORSING RONGPI AND 2 ORS
            CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BASISTHA,
            GUWAHATI, ASSAM, ASSAM WATER CENTRE, GUWAHATI-781029

            2:JAGADIPAN DEY
            THE SUPERINTENDING ENGINEER
            WATER RESOURCES DEPARTMENT
             NOGAON CIRCLE
             DIST-NAGAON
            ASSAM
             PIN-782001

            3:LOCHAN CHOUDHURY
            WATER RESOURCE DEPARTMENT
             MORIGAON WATER RESOURCE DIVISION MORIGAON
             P.O. AND DIST-MORIGAON
            ASSAM
             PIN-78210

Advocate for the Petitioner   : MR N AHMED

Advocate for the Respondent :
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

05-04-2023

Heard Mr. R.A. Ahmed, learned counsel for the petitioner.

This contempt petition has been filed alleging willful and deliberate disobedience for non-compliance of the order dated 27.09.2022 passed in WP(C) no.4734/2021 and other bunch of writ petitions. It is submitted that the petition had filed a writ petition being WP(C) No.4555/2022, which was also disposed of by the common judgment and order dated 27.09.2022 passed by this Court in WP(C) no.4734/2021 & Others. That bunch of writ petitions were disposed of with the following directions:

"(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shaktri to release the amount due under the schemes to the concerned Department of the Government of Assam.

(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days.

In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today."

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It is submitted that the respondents were directed to comply with the directions within a period of 4 (four) months from the date of passing of the order. It is submitted by the learned counsel for the petitioner that by the representation dated 07.11.2022 a certified copy of this order was communicated to the respondent authority. However, the order of this Court has not been complied with till date and accordingly, being aggrieved, the contempt petition has been filed.

Issue notice, returnable by 4 (four) weeks.

Learned counsel for the petitioner shall take steps for service of notice upon the 3 (three) respondents by registered post with A/D within 1 (one) week from today.

List the matter after the returnable date.

JUDGE

Comparing Assistant