Kamal Sing Brahma vs Anurag Goel
2025 Latest Caselaw 1573 Gua

Gauhati High Court

Kamal Sing Brahma vs Anurag Goel on 29 July, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010116152022




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

                            Case No. : Cont.Cas(C)/329/2022

            KAMAL SING BRAHMA
            S/O LT. NANDA RAM BRAHMA, VILL-BASUGAON COLLEGE ROAD, P.O.-
            BASUGAON, P.S.-DHALIGAON, DIST-CHIRANG, PIN-783372



            VERSUS

            ANURAG GOEL, IAS
            PRINCIPAL AND SECRETARY, BODOLAND TERRITORIAL COUNCIL,
            KOKRAJHAR-783370

            2:AKASH DEEP
             IAS
             PRINCIPAL SECRETARY
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR-783370

For the Petitioner(s)   : Mr. A. Boro, Advocate

For the Respondent(s)   : Mr. P. Nayak, Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 29.07.2025

Heard Mr. A. Boro, the learned counsel appearing on behalf Page No.# 2/3

of the petitioner. Mr. P. Nayak, the learned counsel appears on behalf of the respondent Nos. 1 and 2.

2. The petitioner herein has initiated the present contempt proceedings for non-compliance to the order dated 10.02.2022 passed in WP(C) No. 788/2022 whereby there was a direction upon the respondents to carry out the verification in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1 and if it is found that the petitioner is entitled to the said amount as claimed, the same shall be released in favour of the petitioner. The case of the petitioner herein is that in spite of the said order passed by this Court dated 10.02.2022 passed in WP(C) No. 788/2022 having been served upon the respondent on 28.02.2022, the petitioner's case has not been taken into consideration in the manner as directed by this Court.

3. It is seen that this Court had issued notice. It is further taken note of that during the pendency of the instant contempt proceedings, the respondent No. 1 was transferred and a new incumbent holding the post of the Principal Secretary to the BTC is the respondent No. 2. It is further seen that the respondent No. 2 had filed an affidavit-in-opposition on 18.06.2025 wherein it has been mentioned that as per the verification carried out it was found that the petitioner is entitled to an amount of Rs.

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19,00,000/- and the respondents have already cleared the bills insofar as the persons at serial Nos. 1 to 29 of the statement showing outstanding liability (Annexure-A) and the petitioner being at serial No. 30, he would be at serial No. 1 for the present financial year i.e. 2025-26.

4. Mr. P. Nayak, the learned counsel submitted that immediately upon receipt of the funds, the petitioner would be the first person who would be paid his dues as per the verification conducted.

5. Taking into account the above, list the matter again on 27.08.2025, on which date, the learned counsel representing the respondent Nos. 1 and 2 shall give an update, as to whether, the amount which has been found and verified to be payable to the petitioner has been disbursed to the petitioner.

6. List accordingly.

JUDGE

Comparing Assistant