Syed Habibur Rahman vs Kailash Chand Samaria
2025 Latest Caselaw 2621 Gua

Gauhati High Court

Syed Habibur Rahman vs Kailash Chand Samaria on 8 August, 2025

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GAHC010157152025




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

                               Case No. : Cont.Cas(C)/406/2025

            SYED HABIBUR RAHMAN
            SON OF LATE MUZIDUR RAHMAN, R/O VILL- MORNOIKINAR, P.O. AND
            P.S.- SIVASAGAR, ASSAM PIN-785640



            VERSUS

            KAILASH CHAND SAMARIA, IAS AND 2 ORS.
            ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,
            DEPARTMENT OF FISHERY, DISPUR, GUWAHATI, DIST- KAMRUP (METRO),
            ASSAM

            2:KAVYASHREE MAHANTA
             IAS
             SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF FISHERY
             DISPUR
             GUWAHATI-06
             KAMRUP (METRO)
            ASSAM

            3:GAURI SANKAR DAS
            ACS
             DIRECTOR
             DIRECTORATE OF FISHERIES
             GOVERNMENT OF ASSAM
             MEEN BHAWAN
             GOPINATH NAGAR
             GUWAHATI-781016
             DIST- KAMRUP (METRO)
            ASSA

Advocate for the Petitioner   : MR. K K PHUKAN, MS N BEGUM,MR S GAUTAM
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Advocate for the Respondent : ,




                                                 BEFORE
                          HON'BLE MR. JUSTICE ANJAN MONI KALITA
                                                 ORDER

08/08/2025

Heard Mr. K K Phukan, learned counsel for the petitioner.

2. This is an application under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and the Gauhati High Court (Contempt of Court) Rules, 1977 relating to Contempt of Court for initiating contempt proceedings against the contemnors/respondents.

3. Mr. Phukan, learned counsel for the petitioner submits that vide judgment and order dated 23.11.2023 passed in WP(C) No. 688/2014, this Hon'ble High Court has passed an order to the following effect :-

"14. In view of the above discussions, this writ petition is being disposed of by providing that within 06 (six) weeks from today, the petitioner shall submit a fresh representation, ventilating his grievance in the matter, by enclosing a certified copy of this order.

If such a representation is submitted by the petitioner, as provided by this Court, the matter may be considered afresh in the light of observations made hereinabove and appropriate order be passed therein within 03 (three) months thereafter, after considering the case of the petitioner for promotion to the post of DFDO on merit with reference to the position obtaining on the date of his retirement from service."

4. In terms of the aforesaid judgment and order dated 23.11.2023, the petitioner has submitted a detail representation on 04.01.2024 before the Commissioner & Secretary to the Government of Assam, Fishery Department, Dispur, Guwahati-6. However, inspite of the filing of the aforesaid representation, no action has been taken by the departmental authority till date.

5. I have gone through the contents of the contempt petition and having prima-facie satisfied, Page No.# 3/3

let a notice of motion may be issued, returnable within 4 (four) weeks.

6. Steps for service of notice on the respondent Nos. 1, 2 & 3 shall be taken within 3 (three) days by registered post with A/D as well as by usual course.

7. Let the matter be listed after 4 (four) weeks.

JUDGE

Comparing Assistant