J.K.B. Enterprise vs Jyoty Narain Sharma And 5 Ors
2023 Latest Caselaw 1458 Gua

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GAHC010070472023




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

                           Case No. : I.A.(Civil)/901/2023

         J.K.B. ENTERPRISE,
         FORMARLY A PARTNERSHIP FIRM, PRESENTLY A PROPRIETORIAL
         CONCERN, HAVING ITS OFFICE AT A.T. ROAD, DIBRUGARH, REP. BY ITS
         PROPRIETOR SRI KUSH KUMAR YADAV, S/O LT. JOYGOBIND YADAV, R/O
         KHALIHAMARI, DIBRUGARH, ASSAM

         VERSUS

         JYOTY NARAIN SHARMA and 5 ORS
         SECY. TO THE GOVT. OF ASSAM, PWD DEPTT., DISPUR, GUWAHATI

         2:K C HAZARIKA
          CHIEF ENGINEER
          PWD ROADS
          CHANDMARI
          GUWAHATI

         3:RAJ KAMAL DUTTA
         ADDL. CHIEF ENGINEER
          PWD ROADS
          CHANDMARI
          GUWAHATI

         4:KAMLESWAR DEKA
         THE EXECUTIVE ENGINEER
          PWD DIBRUGARH ROADS DIVISION
          DIBRUGARH

         5:SRI AJIT KAKOTI
          SECRETARY TO THE GOVERNMENT OF ASSAM
          PWD DEPARTMENT
          DISPUR
         ASSAM.
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            6:SHRI DIBYAJYOTI SAHARIA
            THE CHIEF ENGINEER
             PWD
             ROADS CHANDMARI
             GUWAHATI
            ASSAM

Advocate for the Petitioner   : MR G N SAHEWALLA

Advocate for the Respondent : MR. T C CHUTIA




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 10-04-2023

Heard Mr. H.K. Sarma, learned counsel for the applicant. The instant interlocutory application has been preferred by the applicant seeking impleadment of the following incumbent :- "Shri Sanjiv Shyam, Chief Engineer, PWD [Roads], Assam, Chandmari, Guwahati, 781003" as a party-respondent in the connected contempt petition, Contempt Case [C] no. 57/2016.

The applicant as the petitioner, has preferred the connected contempt petition, Contempt Case [C] no. 57/2016 alleging non-compliance of the direction made in the judgment and order dated 30.08.2012 passed in the writ petition, W.P.[C] no. 1651/2011.

It is averred that when the Contempt Case [C] no. 57/2016 called up on 28.11.2022, it was informed at the bar that Shri Dibyajyoti Saharia who was impleaded as party-respondent no. 6 had since been transferred from the post of Chief Engineer, PWD [Roads] and presently, the post is being held by Shri Sanjiv Shyam. The applicant had thereafter, by a notice dated 16.02.2023 [Annexure-1], sent by registered post with A/D, brought the order dated 30.08.2012 passed in the writ petition, W.P.[C]1651/2011 to the notice of the present incumbent, Shri Sanjiv Shyam, Chief Engineer, PWD [Roads], Assam.

Having considered the above averments and fact situation obtaining, the instant interlocutory application seeking impleadment of "Shri Sanjiv Shyam, Chief Engineer, PWD [Roads], Assam, Chandmari, Guwahati, 781003" as a party-respondent in the connected Page No. 3/3

contempt petition, Contempt Case [C] no. 57/20016 is allowed.

JUDGE

Comparing Assistant