Gauhati High Court
Page No.# 1/3 vs Mr Gyanendra Dev Tripathi on 5 February, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010230102024
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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
ASSA
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
ASSA
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 : MS G HAZARIKA,
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05.02.2025
Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. B.P. Sarmah,
learned counsel for the petitioners.
2. The petitioners have filed this contempt petition alleging non-compliance
of the direction made in an Order dated 19.04.2024 in a writ petition, W.P.[C]
no. 4962/2022. When the contempt petition was moved on 08.11.2024, Ms. G.
Hazarika, learned Standing Counsel, Revenue & Disaster Management
Department was requested to obtain instructions as regards the present status
of the Representation dated 28.02.2022 submitted by the petitioners. It is
relevant to mention that by the Order dated 19.04.2022, direction was made to
consider the Representation of the petitioner dated 28.02.2022 as per the
stipulation of the Revenue [Reforms] & Disaster Management Department's
Order dated 20.01.2014 on its merits in accordance with law within a period of
2 [two] months.
3. Ms. Hazarika, learned Standing Counsel, Revenue & Disaster Management
Department has placed an Order dated 09.12.2024 passed by the Principal
Secretary to the Government of Assam, Revenue and Disaster Management
Department purportedly in compliance of the direction made in the Order dated
19.04.2024.
4. Mr. Roy has submitted that the Order dated 09.12.2024 is not in
compliance of the direction made in the Order dated 19.04.2024 as the
compensation amounts in eight nos. of cases have not been determined in the
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Order dated 09.12.2024.
5. The writ petition, W.P.[C] no. 4962/2022 was preferred regarding non-
disbursement of the compensation amounts for lands acquired by the
Government of Assam under the Assam State Acquisition of Zamindari Act. It
transpires that the litigations reached up to the Hon'ble Supreme Court. The
State Government approached the Hon'ble Supreme Court against the Judgment
and Order dated 23.01.1996 passed by this Court and the Hon'ble Supreme
Court had dismissed the appeal.
6. Issue notice, returnable on 12.03.2025.
7. The petitioner shall take steps for service of notice upon the respondents
by registered post with A/D within 2 [two] working days from today.
JUDGE
Comparing Assistant
