M/S. Rana Construction And Engineers ... vs Ajit Kakati And 2 Ors
2026 Latest Caselaw 1399 Gua

Gauhati High Court

M/S. Rana Construction And Engineers ... vs Ajit Kakati And 2 Ors on 18 February, 2026

                                                                           Page No.# 1/9

GAHC010150952018




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

                               Case No. : Cont.Cas(C)/385/2018

            M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
            SURAJ COMPLEX, ULUBARI CHARIALI, KAMRUP (M), GUWAHATI-781007,
            ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN, S/O. ALHAZ
            RAHMAN ALI, R/O. HOUSE NO. 62, RAHMAN MANSION, SOUTH SARANIA,
            P.O. ULUBAI, DIST. KAMRUP (M), ASSAM, GUWAHATI-781007.



            VERSUS

            AJIT KAKATI AND 2 ORS.
            SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPTT.,
            DISPUR, GUWAHATI-781006.

            2:DIBYAJYOTI SAHARIA

             CHIEF ENGINEER
             PUBLIC WORKS DEPTT.
             PMGSY WORKS
             CHANDMARI
             GUWAHATI-781003.

            3:jAYANTA KUMAR GOSWAMI
             CHIEF ENGINEER
             PUBLIC WORKS DEPARTMENT(BORDER ROADS)
             CHANDMARI
             GUWAHATI-78100

Advocate for the Petitioner   : MR. K N CHOUDHURY, MR. B K KASHYAP,MR. D J DEKA,MR
D DEKA

Advocate for the Respondent : MR. T C CHUTIA (R2, R3), MR D K ROY (R2, R3),MS. N DAS
(R2, R3),MS. I KAKATI (R2, R3)
                                                     Page No.# 2/9




Linked Case : Cont.Cas(C)/386/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
SURAJ COMPLEX
ULUBARI CHARIALI

KAMRUP (M)
GHY-7
ASSAM
REP. BY ONE OF ITS DIRECTORS RANA ZAMAN
S/O- ALHAZ RAHMAN ALI
R/O- H.NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O. ULUBARI
DIST- KAMRUP (M)
ASSAM
GHY-7


VERSUS

SRI RAJESH KEMPRAI AND ORS.
COMM. AND SECY. TO THE GOVT. OF ASSAM
PUBLIC WORKS (ROADS) DEPTT.
DISPUR
GHY-6

2:SRI DIBYAJYOTI SAHARIA
CHIEF ENGINEER
 PUBLIC WORKS DEPTT. (BORDER ROADS AND NEC WORKS)
 CHANDMARI
 GHY-3

 3:SANJIV SHYAM
THE CHIEF ENGINEER
 PWD (ROADS)
 CHANDMARI
 GUWAHATI-781003
ASSAM.
 ------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. T C CHUTIA(R1
2) appearing for SRI RAJESH KEMPRAI AND ORS.
                                                  Page No.# 3/9




Linked Case : Cont.Cas(C)/387/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
SURAJ COMPLEX
ULUBARI CHARIALI

KAMRUP (M)
GHY-7
ASSAM
REP. BY ONE OF ITS DIRECTORS RANA ZAMAN
S/O- ALHAZ RAHMAN ALI
R/O- H.NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O. ULUBARI
DIST- KAMRUP (M)
ASSAM
GHY-7


VERSUS

SRI RAJESH KEMPRAI AND ORS
COMM. AND SECY. TO THE GOVT. OF ASSAM
PUBLIC WORKS (ROADS) DEPTT.
DISPUR
GHY-6

2:SRI AJIT KAKATI
CHIEF ENGINEER
 PUBLIC WORKS DEPTT. (ROADS)
 CHANDMARI GHY-3

 3:SRI SANJIV SHYAM
CHIEF ENGINEER
 PUBLIC WORKS DEPARTMENT (ROADS)
 CHANDMARI
 GUWAHATI-781003.
 ------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. D SAIKIA (R1
2) appearing for SRI RAJESH KEMPRAI AND ORS
                                                    Page No.# 4/9

Linked Case : Cont.Cas(C)/390/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
SURAJ COMPLEX
ULUBARI CHARIALI
KAMRUP(METRO)
GUWAHATI- 781007
ASSAM
REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN
SON OF ALHAZ RAHMAN ALI
RESIDENT OF HOUSE NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O. ULUBAI
DIST. KAMRUP(M)
ASSAM
GUWAHATI- 781007.


VERSUS

RAJESH KEMPRAI AND ORS.
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
PUBLIC WORKS (ROADS) DEPTT.
DISPUR
GUWAHATI- 781006

2:AJIT KAKATI
CHIEF ENGINEER
 PUBLIC WORKS DEPTT. (ROADS)
 CHANDMARI
 GUWAHATI- 781003.

3:SRI JAYANTA KUMAR GOSWAMI
CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT(ROADS)
CHANDMARI
GUWAHATI-781003
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. D SAIKIA (R1
R2) appearing for RAJESH KEMPRAI AND ORS.



Linked Case : Cont.Cas(C)/392/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
                                                    Page No.# 5/9

SURAJ COMPLEX
ULUBARI CHARIALI
KAMRUP(M)
GUWAHATI- 781007
ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN
S/O- ALHAZ RAHMAN ALI
R/O- H NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O- ULUBARI
DIST- KAMRUP(M)
ASSAM
GUWAHATI- 781007


VERSUS

RAJESH KEMPRAI AND ORS
COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
PUBLIC WORKS (ROADS) DEPTT
DISPUR
GUWAHATI- 781006

2:AJIT KAKATI
CHIEF ENGINEER
 PWD (ROADS)
 CHANDMARI
 GUWAHATI- 781003

 3:SRI SANJIV SHYAM
CHIEF ENGINEER
 PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI
 GUWAHATI-781003.
 ------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. D SAIKIA(R1
2) appearing for RAJESH KEMPRAI AND ORS



Linked Case : Cont.Cas(C)/411/2018

M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD
SURAJ COMPLEX
ULUBARI CHARIALI
KAMRUP(METRO)
GUWAHATI- 781007
ASSAM REPRESENTED BY ONE OF ITS DIRECTORS RANA ZAMAN
                                                                 Page No.# 6/9

43 YEARS
SON OF ALHAZ RAHMAN ALI
RESIDENT OF HOUSE NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O. ULUBARI
GUWAHATI- 781007.


VERSUS

AJIT KAKATI AND ANR
CHIEF ENGINEER
PUBLIC WORKS DEPTT. (ROADS)
CHANDMARI
GUWAHATI- 781003.

2:Sri SANJIV SHYAM
CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT(ROADS)
CHANDMARI

GUWAHATI-781003
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. D SAIKIA appearing for AJIT KAKATI AND ANR



Linked Case : Cont.Cas(C)/389/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
SURAJ COMPLEX
ULUBARI CHARIALI
KAMRUP (M)
GUWAHATI-781007
ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN
S/O. ALHAZ RAHMAN ALI
R/O. HOUSE NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O. ULUBAI
DIST. KAMRUP (M)
ASSAM
GUWAHATI-781007.


VERSUS
                                                  Page No.# 7/9


AJIT KAKATI AND 3 ORS.
SECRETARY TO THE GOVT. OF ASSAM
PUBLIC WORKS (ROADS) DEPTT.
DISPUR
GUWAHATI-781006.

2:DIBYAJYOTI SAHARIA

CHIEF ENGINEER
PUBLIC WORKS DEPTT.
PMGSY WORKS
CHANDMARI
GUWAHATI-781003.

3:DEBESH CHAKRABORTY

EXECUTIVE ENGINEERS
WPD
NALBARI RURAL ROAD DIVISION
NALBARI
ASSAM.

4:SRI JAYANTA KUMAR GOSWAMI
CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT(ROADS)
CHANDMARI

GUWAHATI-781003
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. T C CHUTIA (R2
R3) appearing for AJIT KAKATI AND 3 ORS.



Linked Case : Cont.Cas(C)/388/2018

M/S. RANA CONSTRUCTION AND ENGINEERS PVT. LTD.
SURAJ COMPLEX
ULUBARI CHARIALI

KAMRUP (M)
GHY-7
ASSAM
REP. BY ONE OF ITS DIRECTORS RANA ZAMAN
S/O- ALHAZ RAHMAN ALI
R/O- H.NO. 62
                                                                              Page No.# 8/9

              RAHMAN MANSION
              SOUTH SARANIA
              P.O. ULUBARI
              DIST- KAMRUP (M)
              ASSAM
              GHY-7


              VERSUS

              SRI RAJESH KEMPRAI AND ANR.
              COMM. AND SECY. TO THE GOVT. OF ASSAM
              PUBLIC WORKS (ROADS) DEPTT.
              DISPUR
              GHY-6

              2:SRI DIBYAJYOTI SAHARIA
              CHIEF ENGINEER
               PUBLIC WORKS DEPTT. (BORDER ROADS AND NEC WORKS)
               CHANDMARI
               GHY-3

              3:SRI JAYANTA KUMAR GOSWAMI
              CHIEF ENGINEER
              PUBLIC WORKS DEPARTMENT(BORDER ROADS) CAHNDMARI
              GUWAHATI-781003
              ------------
              Advocate for : MR. K N CHOUDHURY
              Advocate for : MR. D SAIKIA (R1
              R2) appearing for SRI RAJESH KEMPRAI AND ANR.



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 18.02.2026

1. Heard the learned counsel for the petitioners.

2. In a batch of writ petitions involving claim of refund of forest royalty deducted by the Public Works Department from the bills of the petitioners, directions were issued to the Public Works Department to refund the aforesaid deducted forest royalty to the petitioners.

Page No.# 9/9

3. Mr. B Gogoi, learned Addl. Advocate General representing different Works Department submits that prior to filing of the connected writ petitions, they had already deducted the forest royalty from the bills of the petitioners and deposited the same before the Forest Department as the money was due to the Forest Department, being forest royalty.

4. However, after passing of the judgments in question, they have requested the Forest Department to refund the aforesaid amount so that the Public Works Department can comply with the orders passed.

5. In view of the aforesaid, this court deems it fit to request Mr. P.N. Goswami, learned Addl. Advocate General, Assam who usually represents the Forest Department to assist this court in this regard, so that these batch of Contempt Petitions can be disposed of at the earliest.

6. Accordingly, the learned counsel for the petitioners shall furnish a copy of this order passed today along with the copies of the connected contempt petition and the affidavit filed by the Public Works Department to Mr. PN Goswami, learned Addl. Advocate General, Assam.

7. List this matter on 05.03.2026, reflecting the name of Mr. PN Goswami, learned Addl. Advocate General, representing the Forest Department in the cause list henceforth.

JUDGE

Comparing Assistant