Gauhati High Court
Dwipen Deka vs Kujendra Doley And Ors on 20 November, 2024
Page No.# 1/3
GAHC010011472016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/176/2016
DWIPEN DEKA
S/O- LT. RAJAT CHANDRA DEKA, R/O- RANGIA, WARD NO. 3, BARMESE
NAGAR, DIST.- KAMRUP, ASSAM.
VERSUS
KUJENDRA DOLEY and ORS.
COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT.,
DISPUR, GHY- 6.
2:MAHENDRA MOHAN BORO
THE CHIEF ENGINEER M.I. IRRIGATION DEPTT.
ASSAM
GHY- 3.
3:SRI PABITRA RAM KHOUND
SECRETARY TO THE GOVERNMENT OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-781006.
4:SRI K M GOPAL SANA RAJ KUMAR
CHIEF ENGINEER
IRRIGATION DEPARTMENT
CHANDMARI
GUWAHATI-781003
Advocate for the Petitioner : MR.P DAS, MS. I DAS,MR. SURAJIT DUTTA,MRR K
MOUR,MR.R DUBEY,MS.R DAS,MS.A B KAYASTHA
Advocate for the Respondent : DR.B AHMEDR, MS. M KALITA (r-4),MR. D GOGOI (r-4),MR. P
N GOSWAMI (r-4),MR.KHAYERUDDIN(R- 1&2)(R-2),,MR.A K AZAD(R- 1&2)(R-2),MR.N
HAQUE(R- 1&2)(R-2)
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
20.11.2024
It appears that this contempt petition has been filed against the order
dated 02.02.2015 passed in Contempt Case(C) 394/2014 in the case of Dwipen
Deka vs. Sri Tilak Ch. Das & Another, wherein the respondents were directed to
complete the exercise of enquiry and pass final order regarding the entitlement
of money within a period of 6 (six) months from the date of the said order. It
further appears that Contempt Case(C) 394/2014 was filed due to alleged wilful
and deliberate violation of this Court's judgment and order dated 31.03.2014
passed in WP(C)1373/2014, wherein this Court while disposing of the said writ
petition directed the Chief Engineer, Irrigation Department to examine the case
of the petitioner by taking note of all the attending facts and circumstances and
in accordance with law and also following the guidelines formulated in the case
of Tamsher Ali vs. State of Assam & Others , reported in 2008 (4) GLT 1
and complete the exercise preferably within 4 (four) months.
Due to non-compliance of the aforesaid orders passed both in
WP(C)1373/2014 and Contempt Case(C) 394/2014 the present contempt
petition has been filed on 10.03.2016.
Today, when the matter was called, it appears that despite this contempt
case being filed on 10.03.2016, no affidavit has been filed by the
respondents/contemnors in the matter.
Mr. D. Gogoi, learned counsel appearing for the respondents/contemnors
submits by relying on a Speaking Order dated 16.03.2024 that the order of this
Court has been complied. Pertinent that the aforesaid Speaking Order dated
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16.03.2024 though was directed to be brought on record by this Court vide
order dated 28.03.2024 and 26.04.2024, the respondents/contemnors having
not brought the same on record, the petitioner by filing a supplementary
affidavit has brought the said Speaking Order on record.
Perusal of the aforesaid Speaking Order dated 16.03.2024 appears that on
the basis of a High Level Committee Report, the claim of the petitioner was
rejected. It further appears that the High Level Committee Report which has
been taken into account for deciding the entitlement of the claim of the
petitioner is a Committee which was constituted pursuant to a direction passed
by this Court in PIL No.4/2017. It is apparently clear that the orders of this
Court, whereby the respondents/contemnors were directed to conduct an
enquiry and pass final order regarding the entitlement of money appears to be
not done, as directed by this Court. It is more shocking that despite of lapse of
so many years, the respondents/contemnors have not been bothered to file an
affidavit before this Court to explain as to why the aforesaid enquiry as directed
by this Court in WP(C)1373/2014 and Contempt Case(C) 394/2014 has not been
done. Prima facie, the respondents/contemnors appears to have committed
contempt of the orders passed by this Court. However, before proceeding
further, as prayed for by Mr. D. Gogoi, learned counsel appearing for the
respondents/contemnors, let the matter be listed on 22.11.2024 by way of last
opportunity to enable the respondents/contemnors to file affidavit-in-opposition.
It is needless to clarify that if the affidavit-in-opposition is not filed by
Friday, i.e. 22.11.2024, the Court shall proceed in accordance with law.
JUDGE
Comparing Assistant
