Page No.# 1/3 vs Niraaj Verma And 3 Ors
2023 Latest Caselaw 3384 Gua

                                                                  Page No.# 1/3

GAHC010111872022




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

                        Case No. : Cont.Cas(C)/307/2022

         PRANAB JYOTI DAS AND ANR
         S/O- LATE KANTHI RASM DAS, R/O- VILL.- JANKHANA GOAN, P.O.
         KALIANI, P.S. AND DIST. JORHAT, ASSAM-785108.

         2: HOREN SAIKIA
          S/O- LATE JEWRAM SAIKIA
          R/O- CHILAJORI KUMARGAON
          P.O. SOWTANG
          DIST. JORHAT
         ASSAM-785010

         VERSUS

         NIRAAJ VERMA AND 3 ORS.
         PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, POWER
         (ELECTRICITY) DEPARTMENT, DISPUR, GUWAHATI-781006.

         2:RAKESH KUMAR
          MANAGING DIRECTOR
         APDCL
          BIJULEE BHAWAN
          PALTANBAZAR
          GUWAHATI-781001.

         3:BHASKAR BORA
          CHIEF GENERAL MANAGER (HRA)
         APDCL
          BIJULEE BHAWAN
          PALTANBAZAR
          GUWAHATI-781001.

         4:MANISH DASGUPTA
          CHIEF GENERAL MANAGER (F AND A)
         APDCL
                                                                             Page No.# 2/3

             BIJULEE BHAWAN
             PALTANBAZAR
             GUWAHATI-781001

Advocate for the Petitioner   : MR. D BARUAH

Advocate for the Respondent : MR. P N GOSWAMI (r-1,2,3,4)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

28.08.2023 Heard Shri D Baruah, learned counsel for the petitioners. Also heard Shri A Baruah, learned counsel appearing for the respondents.

Shri A Baruah, learned counsel for the respondents has, however, placed before this Court a copy of the Speaking Order dated 29.05.2023 passed by the Managing Director, APDCL pursuant to the directions of this Court in the connected WP(C)/2087/2020. By referring to the order dated 03.01.2022 of this Court passed in the aforesaid writ petition, the learned counsel for the respondents has submitted that there was a direction for consideration in terms of the judgment in the case of Secretary, State of Karnataka Vs. Umadevi & Ors. and the same has been done whereby the cases of the petitioners have been rejected. The learned counsel for the respondents, accordingly submits that the petition may be closed.

Shri D Baruah, learned counsel for the petitioners, however, submits that even after the aforesaid Speaking Order dated 29.05.2023, there is another communication dated 22.08.2023 on the subject of cross-verification of outsourced data.

Be that as it may, the primary lookout of a Court adjudicating a contempt petition is to examine as to whether there has been substantial compliance of the order and also as to whether there has been any deliberate and willful disobedience of any orders of this Court. In the instant case, it appears that the speaking order has been Page No.# 3/3

passed on 29.05.2023 in terms of the directions of this Court. While the legality and validity of such speaking order is not commented upon by this Court, this Court is of the prima facie opinion that there is no reason for keeping this contempt petition alive.

Accordingly, the contempt petition stands closed, however, with liberty to the petitioners to challenge the same in an appropriate forum, if so advised.

Copies of both the orders dated 29.05.2023 and 22.08.2023 are made part of the records.

JUDGE

Comparing Assistant