Gauhati High Court
Page No.# 1/6 vs Sri Gyanendra Dev Tripathi Ias And Anr on 12 June, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010115542024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/307/2024
SMTI MONIKHA BORAH AND ORS
W/O- NITUL BORAH,
R/O- NAHARKATIA, HAJUA PATHAR,
P.O AND P.S- NAHARKATIA, DIST-DIBRUGARH ASSAM
2: RAMEN DAS
S/O- LATE BARAN DAS
R/O- NAHARKATIA
HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
3: SMTI BORNALI DUTTA
W/O- BITUL DUTTA
R/O- NEAR WATER SUPPLY OFFICE
NAHARKATIA
HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH ASSAM
4: ROBIN TANTI
S/O- SATRUGHAN TANTI
R/O-LENGERIJAN TEA ESTATE
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH ASSAM
PIN-786610
Page No.# 2/6
5: NARAYAN DEKA
S/O- LATE JANAKI DEKA
R/O- NAHARKATIA
HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAMPIN-786610
6: MUKUL SUTRADHAR
S/O- LATE SOMESWAR SUTRADHAR
R/O-NAGA GHAT
JOYPUR TOWN
P.O AND P.S- JOYPUR
DIST- DIBRUGARH
ASSAM
PIN-786614
7: RANJU HAZARIKA
W/O- PUNESWAR HAZARIKA
R/O-KHAT PATHAR
SASONI
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
8: MILAN GOGOI
S/O-SUNIL GOGOI
R/O-NO-1 DIGHALIA
SASONI
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
9: BITUPON DEKA
S/O- LATE BENIMADHAB DEKA
R/O-NEAR WATER SUPPLY OFFICE
HAJUA PATHAR
P.O AND P.S- NAHARKATIA
Page No.# 3/6
DIST-DIBRUGARH
ASSAM
PIN-786610
10: TUTUMONI KALITA
W/O- NAKUL CHANDRA KALITA
R/O-HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
11: DIPEN HANDIQUE
S/O- LATE JUGA HANDIQUE
R/O-NAGAON HAJUA PATHER
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
12: SEWPRASAD JAISWAL
S/O- LATE SATMANJAN JAISWAL
R/O-HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
13: MALATI JAISWAL
W/O- LATE SATMANJAN JAISWAL
R/O-HAJUA PATHAR
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
14: LUKUMANI BAYAN
W/O- LATE NARAYAN BAYAN
R/O-NAHARKATIA TOWN
NO-3
P.O-KAMARGAON
P.S- NAHARKATIA
DIST-DIBRUGARH
Page No.# 4/6
ASSAM
PIN-786610
15: MINA BHARALI
D/O- TAMBHARAM BHARALI
R/O-RAMPUR GAON
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
16: JOHORLAL KARMAKAR
S/O- LATE MOTILAL KARMAKAR
R/O-LENGERIJAN CHAH BAGICHA
P.O AND P.S- NAHARKATIA
DIST-DIBRUGARH
ASSAM
PIN-786610
17: NITUL BORA
S/O- LATE PRAMOD BORA
R/O- BORKHEMIA GAON NO-1
P.O- BORKHEMIA
P.S- NAMRUP
DIST- DIBRUGARH
ASSAM
PIN-78662
VERSUS
SRI GYANENDRA DEV TRIPATHI IAS AND ANR
PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, REVENUE AND
DISASTER MANAGEMENT DEPARTMENT, DISPUR , GUWAHATI-06, ASSAM
2:SHRI BIKRAM KAIRI IAS
DISTRICT COMMISSIONER
DIBRUGARH AT DEPUTY COMMISSIONERS OFFICE
DIBRUGARH
ASSAM
PIN-786003
3:SHRI SARAT GOGOI ACS
Page No.# 5/6
CIRCLE OFFICER NAHARKATIA
HAVING HIS OFFICE AT NAHARKATIA CIRCLE OFFICE
NAHARKATIA
DIBRUGARH
ASSAM
PIN-78661
Advocate for the Petitioner : MR PARAM HANGKHA KONWAR
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 12.06.2024
This contempt petition is filed by the petitioner alleging wilful disobedience
and non compliance of the directions contained in the Judgment and Order
dated 14.12.2023 passed in WP(C)/6569/2023.
Learned counsel for the petitioner submits that there was a direction by
the Court to consider the application for allotment and settlement of land and
certain other benefits in respect of one petitioner on the basis of submissions
made on behalf of the State during the course of the hearing. This directions
were directed to be undertaken and completed within a period of 2 (two)
months from the date of submissions of such application.
However, at paragraph 21 of the writ petition in WP(C)/6569/2023, the
Co-Ordinate Bench made a categorical finding, which is extracted as under:-
"21. In view of the discussion made above and for the reasons assigned therein,
this court finds that the writ petition is bereft of any merits and, is, therefore, liable
to be dismissed. It is accordingly ordered. With the findings arrived at, the
observations made and the dismissal of the writ petition, the respondent
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authorities are at liberty to proceed in respect of the parcels of land under
reference in accordance with law and as per the prescribed procedure."
In such view of the matter, this Court is not inclined to issue Notice on a
writ petition complaining non compliance of the order where the writ petition is
ultimately dismissed as indicated above. However, the learned counsel for the
petitioner seeks some time to complete his instructions.
Accordingly, at the request made by the learned counsel for the petitioner,
matter stands adjourned for 1 (one) week.
List accordingly.
JUDGE
Comparing Assistant
