Omar Ali Sheikh vs Anurag Goel
2025 Latest Caselaw 903 Gua

Gauhati High Court

Omar Ali Sheikh vs Anurag Goel on 6 June, 2025

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GAHC010004122023




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

                                Case No. : Cont.Cas(C)/42/2023

            OMAR ALI SHEIKH
            S/O- CHALIMUDDIN SHEIKH,
            R/O- VILLAGE DURAMARI,
            P.O AND P.S- SIMBARGAON,
            DIST- KOKRAJHAR, BTR, ASSAM



            VERSUS

            ANURAG GOEL, IAS AND ANR.
            THE PRINCIPAL SECRETARY , BTC, KOKRAJHAR, BTR, ASSAM

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

Advocate for the Petitioner   : MR. A R BHUYAN, MR S ABDULLAH,MR. M A I HUSSAIN

Advocate for the Respondent : MR. B CHOUDHURY (R-2), MR. B CHOUDHURY,MR P NAYAK
(R-2),MS. PADMINI BARUA,MS P DAS,MS. S CHUTIA,MR A CHALIHA
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                                BEFORE
                HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                    ORDER

Date : 06.06.2025

Heard Mr. S. Abdullah, learned counsel appearing for the petitioner. Also heard Mr. P. Nayak, learned counsel appearing for the contemnor Nos.1 and 2.

2. Pertinent that in view of the last order dated 02.06.2025, an affidavit has been filed on 04.06.2025 on behalf of the contemnor No.2 i.e. Sri Akash Deep, IAS, Principal Secretary, BTC, Kokrajhar. Further Sri Akash Deep, IAS, Principal Secretary, BTC, has also joined the hearing through remote virtual conferencing mode.

3. By way of the petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and the Contempt of Court's (Gauhati High Court) Rules 1977, the petitioner has brought the notice of this court to the alleged willful and deliberate violation and or non-compliance of the order dated 13.05.2022 passed by this court in WP(C) No.3117/2022 by the contemnors.

4. Apt to refer to the operating portion of the judgment and order dated 13.05.2022 passed by this court, which is reproduced hereunder for ready reference:-

"7. Having considered the contents of the said order dated 15.11.2021 and the decision of the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], and similar other 194 writ petitions reported in 2008 [4] GLT 1 [FB], it is Page No.# 3/5

considered appropriate that the respondent authorities in the respondent BTC shall undertake and complete similar kind of exercise, like the one mentioned in the order dated 15.11.2021, in respect of the claim of the petitioner also within a period of 3 [three] months. If after such exercise, the petitioner is found entitled to the amount of Rs. 18,80,069/-, as claimed herein, or any other amount, the same shall be released in favour of the petitioner in terms of the decision in Tamsher Ali [supra]. The petitioner shall submit a certified copy of this order to the respondent no. 3 i.e. the Principal Secretary, Bodoland Territorial Council [BTC], Kokrajhar within 7 [seven] days from today for doing the needful by his office."

5. Reading of the aforesaid order, it is clear that the respondent authorities in the respondent BTC was directed to undertake and complete the verification process in respect of the claim of the petitioner within a period of 3 months and after such exercise if the petitioner was found entitled to the amount as claimed or any other amount, to release the same in favour of the petitioner in terms of the decision of Tamsher Ali & Ors. Vs. State of Assam & Ors. reported in 2008 (4) GLT 1(FB). The present contempt petition has been filed alleging non-compliance of the order.

6. It appears from the affidavit-in-opposition filed on behalf of the contemnor No.2 that in compliance of this court's order dated 13.05.2022, the BTC has already compiled a comprehensive list of liabilities under the Irrigation Department under SOPD (BTC) from 2010 to 2021 in terms of the decision passed by this court in the case of Tamsher Ali (supra) and in the said consolidated list, the name of the petitioner has been placed at serial No.100.

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7. Apt to refer to paragraph 4 of the aforesaid affidavit-in- opposition, which reads as under:-

4. That, the deponent herein humbly begs to state that in compliance with the Hon'ble Gauhati High Court's order dated 13-05-2025, passed in WPC NO. 3117/2022 (Omar Ali Sheikh -vs- The State of Assam and 5 Ors.), the BTC authority has already compiled a comprehensive list of liabilities under the Irrigation Department under SOPD (BTC) from 2010-2021 in terms of the decision passed by the Hon'ble Gauhati High Court in the case of Tamsher Ali and Ors. -vs- State of Assam and Ors. and similar other 194 writ petitions, reported in 2008 (4) GLT 1 (FB). In the said consolidated list the name of the petitioner has been placed at Serial No. 100.

Accordingly, it is most humbly submitted that the due amount of the petitioner will be released as per the aforementioned list in a chronological order in terms of the judgment passed in the Tamsher Ali case."

8. Reading of the aforesaid averments made in the affidavit-in- opposition, it is clear that the contemnors have already verified the claim of the petitioner as per the direction passed by this court and have also held the petitioner entitled to the subject claim amount. It is further clear that the petitioner is at serial No.100 in the list prepared in terms of the judgment passed in the case of Tamsher Ali (Supra) and the dues of the petitioner as per the averments made in the said paragraph is stated to be released as per the chronological order in the list.

9. It further appears that the aforesaid stand of the contemnor is also in terms of the direction given by this court in the case of Jatin Pathak Vs. State of Assam and Ors reported in 2018 3 GauLT Page No.# 5/5

438 based on which the full bench of this court has passed the direction in the case of Tamsher Ali (supra).

10. That being so, it is clear that the order dated 13.05.2022 passed by this court in WP(C) No.3117/2022 has been complied with. Hence, noting survives for adjudication in the instant contempt petition.

Accordingly, the instant contempt petition stands closed and disposed of.

JUDGE

Comparing Assistant