Citation : 2023 Latest Caselaw 1825 Gua
Judgement Date : 8 May, 2023
Page No.# 1/4
GAHC010244542017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/603/2017
SIRAJ UDDIN and 3 ORS.
S/O- LT TAHIR ALI VILL- BATAIYA P.O. MULLAGANJ BAZAR, DIST-
KARIMGANJ, ASSAM
2: SRI BISWAJIT ROY
S/O- LT BIRENDRA NAMASUDRA
VILL- BAGHAN
P.O.-KARNAMADHU
DIST- KARIMGANJ
ASSAM
3: SRI ASIT KANTI DEV
S/O- LT JYOTIRMOY DEV WARD NO.2
P.O. SETTLEMENT ROAD
DIST- KARIMGANJ
ASSAM
4: SRI SAMIR KUMAR KURI
S/O- LT SUNIL CHANDRA KURI VILL- CHARAKURI P.O. AND DIST-
KARIMGANJ
ASSA
VERSUS
V.K.PIPERSENIA and 6 ORS.
IAS, THE STATE OF ASSAM, REPRESENTED BY THE CHIEF SECRETARY TO
THE GOVT. OF ASSAM, DISPUR, GHY-6
2:MR. RAJESH PRASAD
IAS
Page No.# 2/4
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE REGISTRATION DEPTT.
DISPUR
GHY-6
3:MR. MONOJ KUMAR
IAS
THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GHY-32
4:SHRI JISHNU BARUA
IAS
THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR
GUWAHATI-6
5:AVINASH JOSHI
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE(REGISTRATION) DEPARTMENT
DISPUR
GUWAHATI-6
6:SHRI GYANENDRA DEV TRIPATHI
IAS
THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GUWAHATI-32
7:SHRI SHANTANU P GOTMARE
IAS
INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GUWAHATI-32
Advocate for the Petitioner : MS.M BARMAN
Advocate for the Respondent : MR D SAIKIA
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 08.05.2023
Heard Mr.M.Islam, learned counsel for the petitioners and Mr.R.Borpujari, learned counsel for the respondent Nos. 4, 5 and 6.
This contempt petition was filed for non-compliance of the order dated 09.11.2016, passed by this Court in WP(C)/3109/2014. More than 6(six) years have passed since the passing of the judgment and order dated 09.11.2016. This Court on 24.05.2022 has passed the order with the following observation :
"The Court is inclined to put on record that the respondents would take note of the fact that this Contempt petition is for non-compliance of judgment and order dated 09.11.2016 passed in WP(C) 3109/2014. Thus, almost 6(six) years have gone by. Therefore, any further delay in the implementation of the order may invite appropriate orders from the Court."
So also on 28.11.2022, the learned counsel for the respondents had submitted that the respondents are sincerely taking up the matter for giving relief to the petitioners and accordingly sought 4(four) weeks time. Today, when the matter is listed, the learned counsel for the petitioners seeks for further 3(three) weeks time to get necessary instructions from the respondents. As stated earlier more than 6(six) years has lapsed since the passing of the judgment and order dated 09.11.2016 and therefore, this Court cannot grant time perpetually to the respondents to consider complying with the said order passed by this Court.
The adjournment sought for by the respondents is accordingly allowed on condition of payment of cost of Rs.10,000/- (Rupees ten thousand) only. The Page No.# 4/4
cost shall be paid to the petitioners. It is made clear that if on the next date fixed, there is no compliance with the judgment and order dated 09.11.2016 passed by this Court, the respondent No.6 shall appear in person before the Court to explain as to why the judgment and order dated 09.11.2016 has not been complied.
List the matter on 05.06.2023.
JUDGE
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