Wahida Rahman vs Deba Kumar Mishra And Anr
2024 Latest Caselaw 342 Gua

Gauhati High Court

Wahida Rahman vs Deba Kumar Mishra And Anr on 22 January, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                    Page No.# 1/2

GAHC010282292023




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

                              Case No. : Cont.Cas(C)/39/2024

           WAHIDA RAHMAN
           D/O LATE ATAUR RAHMAN, G.D. ROAD, WARD NO. 5, NEAR BARMASJID,
           H. NO. 6, P.O. AND P.S.-TEZPUR, DIST- SONITPUR, PIN-784001

           VERSUS

           DEBA KUMAR MISHRA AND ANR
           THE DEPUTY COMMISSIONER, TEZPUR, P.O.-TEZPUR, DIST-SONITPUR,
           PIN-784001, ASSAM

           2:MADHURJYA BURAGOHAIN
           THE CIRCLE OFFICER
           TEZPUR REVENUE CIRCLE
            P.O.-TEZPUR
            DIST- SONITPUR
            PIN-784001 ASSAM

Advocate for the Petitioner : MS S S ZIA
Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

22.01.2024 Heard Ms. S.S. Zia, learned counsel for the petitioner.

The petitioner had earlier preferred a writ petition, WP(C) 3379/2019 and the same was disposed of by this Court vide Judgment and Order dated Page No.# 2/2

28.08.2023. The operative part of the Judgment and Order dated 28.08.2023 reads as under;-

"..........Accordingly, this Court disposes of the instant writ petition with the following observations and directions:

(i) The land measuring 2 Bighas 0 Kathas 17 Lechas covered by Dag No. 210, Periodic Patta No.53 under Mouza - Maha Bhairabpad of Village No.1 Dulabari, District-Sonitpur stands reverted back to the Petitioner and the Petitioner would be the owner of the said land.

(ii) This Court further directs the Revenue Officials and more particularly the Deputy Commissioner, Sonitpur to make necessary corrections in the record of rights on the basis this order so passed within 4 (four) weeks from the date of receipt of a certified copy of this order."

The petitioner has further averred that the Judgment and Order dated 28.08.2023 was duly brought to the notice of the respondents on 05.09.2023 vide Annexure-2 and Annexure-3. Alleging non-compliance of the directions quoted hereinabove, the petitioner has preferred the contempt petition under Section 12 of the Contempt of Courts Act 1971 read with Article 215 of the Constitution of India.

Issue notice, returnable in four weeks.

The petitioner shall take steps for service of notice upon the respondents by registered post with A/D within three working days from today.

JUDGE

Comparing Assistant