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Page No.# 1/4 vs V.K.Pipersenia And 6 Ors
2023 Latest Caselaw 1825 Gua

Citation : 2023 Latest Caselaw 1825 Gua
Judgement Date : 8 May, 2023

Gauhati High Court
Page No.# 1/4 vs V.K.Pipersenia And 6 Ors on 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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