Page No. 1/3 vs Mr Gyanendra Dev Tripathi
2024 Latest Caselaw 8197 Gua

Gauhati High Court

Page No. 1/3 vs Mr Gyanendra Dev Tripathi on 8 November, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No. 1/3

GAHC010230102024




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

                                  Case No. : Cont.Cas(C)/581/2024

            SRI PRADYUT BARUA AND ANR
            S/O- LATE KUMAR PRAKRITISH CHANDRA BARUA, R/O- MATIABAG
            PALACE, GAURIUR, WARD NO-2, P.O- GAURIPUR, DIST- DHUBRI, ASSAM

            2: SUBHASREE GOGOI
             D/O- LATE PRANABESH CHANDRA BARUA
             R/O- RAJBARI
            WARD NO-1
             GAURIPUR TOWN
             P.O- GAURIPUR
             DIST- DHUBRI
            ASSAM

            VERSUS

            MR GYANENDRA DEV TRIPATHI, IAS AND ANR
            PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEMENT
            DEPARTMENT, CM BLOCK, 2ND FLOOR, ASSAM SACHIVALAYA, DISPUR,
            GUWAHATI-781006

            2:MR DIBAKAR NATH
             IAS
             DISTRICT COMMISSIONER
            DHUBRI DISTRICT
             P.O. DHUBRI
             PIN 783301
            ASSAM

Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. R HAZARIKA,MR D DAS,MR. C
CHAKRAVARTY,MR B P SARMAH,MR. JAYANTA ROY,B SAHA

Advocate for the Respondent : ,
                                                                                 Page No. 2/3


                                       BEFORE
                      HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 08.11.2024

Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. Jayanta Roy, learned counsel for the petitioner.

2. This contempt petition is filed alleging non-compliance of the direction made in an Order dated 19.04.2024 passed in a writ petition, W.P.[C] no. 4962/2022. The writ petition was preferred regarding non-disbursement of compensation amount for lands acquired by the Government of Assam under the Assam State Acquisition of Zamindaries Act, 1951. It transpires that the litigation reached up to the Hon'ble Supreme Court. When the State Government approached the Hon'ble Supreme Court against a Judgment and Order dated 23.01.1996 passed by this Court, the Hon'ble Supreme Court has dismissed the appeal.

3. The writ petition, W.P.[C] no. 4962/2022 was disposed of with a direction to the Commissioner & Secretary to the Government of Assam, Revenue [Reforms] & Disaster Management to consider the Representation of the petitioner dated 28.02.2022 as per the stipulation of the Order dated 20.01.2014 of the Revenue [Reforms] & Disaster Management Department on its merits and in accordance with law within a period of 2 [two] months from the date of receipt of a certified copy of the Order dated 19.04.2024.

4. It is the case of the petitioner that the copy of the Order dated 19.04.2024 has been served upon the respondent no. 1 on 26.04.2024 and receipt of the same has been duly acknowledged by his office.

5. It is in the above backdrop, this contempt petition has been filed alleging non- compliance.

6. Ms. G. Hazarika, learned Standing Counsel, Revenue [Reforms] and Disaster

Management Department is to obtain instruction as regards the present status of the Representation dated 28.02.2022.

7. Mr. Jayanta Roy, learned counsel for the petitioner shall furnish a copy of the contempt petition along with annexures, to Ms. Hazarika during the course of the day.

8. List the case on 04.12.2024.

9. The name of Ms. Hazarika, learned Standing Counsel, Revenue [Reforms] & Disaster Management be reflected in the respondents' side in the cause-list.

JUDGE

Comparing Assistant