[Cites 0, Cited by 0]

Gauhati High Court

M/S Saha Traders vs Gyanendra Dev Tripathi on 6 March, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

Page No. 1/6

GAHC010121622025

undefined

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

Case No. : Cont.Cas(C)/320/2025

M/S SAHA TRADERS
REPRESENTED BY SHOBHAN KR. SAHA, AGE-45 YEARS, S/O NEPAL CH.
SAHA, R/O MAHAMAYA NAGAR, P.O.- HATSINGIMARI, P.S.- SOUTH
SALMARA, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135

VERSUS

GYANENDRA DEV TRIPATHI, IAS AND ANR
PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND
DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6

2:RAHUL KR. GUPTA
IAS
DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
HATSINGIMARI
P.O.- HATSINGIMARI
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-78313

Advocate for the Petitioner : MR R ISLAM, MS. A HUSSAIN,MS M KURMI

Advocate for the Respondent : MR. D SAIKIA (R-1), MS. N BARMAN (R-2),R SAHIINII (R-
2),MR. D NATH (R-2),MR. S DUTTA(R-1),MR. R BORPUJARI(R-1)

Linked Case : Cont.Cas(C)/100/2025

M/S ASSAM TRADE AGENCY
REPRESENTED BY UTTAM KR. SAHA
S/O. LATE MAHENDRA MOHAN SAHA
R/O. H.N. ROAD
WARD NO. 7
P.O. AND P.S. DHUBRI
Page No. 2/6

DIST. DHUBRI
ASSAM. PIN -783301.

VERSUS

GYANENDRA DEV TRIPATHI AND ANR
PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.

2:RAHUL KR. GUPTA
DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
HATSINGIMARI
P.O. HATSINGIMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135.

Advocate for : MR R ISLAM
Advocate for : MR. D SAIKIA (R-1) appearing for GYANENDRA DEV TRIPATHI
AND ANR

Linked Case : Cont.Cas(C)/98/2025

DILIP BOTHRA
S/O. LATE BASTIMALL BOTHRA
R/O. MANKACHAR BAZAR
P.O. AND P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM. PIN -783135.

VERSUS

GYANENDRA DEV TRIPATHI AND ANR
PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.

2:RAHUL KR. GUPTA
DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
HATSINGIMARI
P.O. HATSINGIMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
Page No. 3/6

PIN-783135.

Advocate for : MR R ISLAM
Advocate for : MR. D SAIKIA (R-1) appearing for GYANENDRA DEV TRIPATHI
AND ANR

Linked Case : Cont.Cas(C)/297/2025

SHOHIDUR RAHMAN SK
S/O ABDUR GOFUR SK.
R/O VILL AND P.O.- HATSINGIMARI
P.S.- SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-783131

VERSUS

GYANENDRA DEV TRIPATHI
IAS AND ANR
PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6

2:RAHUL KR. GUPTA
IAS
DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
HATSINGIMARI
P.O.- HATSINGIMARI
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135

Advocate for : MR R ISLAM
Advocate for : MR. D SAIKIA (R-1) appearing for GYANENDRA DEV TRIPATHI
IAS AND ANR

BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 06.03.2026

Heard Mr. T.J. Mahanta, learned Senior Counsel with Mr. R. Islam, learned counsel for

the petitioners; Mr. S. Dutta, learned counsel for the respondent no. 1; and Mr. D. Nath, learned counsel for the respondent no. 2.

2. These four contempt cases have arisen out of Orders, all dated 22.05.2024 :-

               Contempt Case no.                   Writ Petition no.          Claim amount
         Contempt Case[C] no. 320/2025          WP[C] no. 3573/2019           Rs. 34,43,086/-
         Contempt Case[C] no. 98/2025           WP[C] no. 3573/2019          Rs. 2,97,48,919/-
         Contempt Case[C] no. 100/2025          WP[C] no. 3570/2019         Rs. 5,47,33,590.36
         Contempt Case[C] no. 297/2025          WP[C] no. 3585/2019         Rs. 1,03,10,227.16

3. When the writ petitions came up for consideration on 22.05.2024, the learned Standing Counsel, Revenue and Disaster Management Department placed an instruction dated 22.05.2024 given in writing to him by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department informing that the bills of the petitioners shall be released within a period of three months. Based on such instructions, the writ petitions were disposed of with direction to release the amounts within the period stated therein when the amounts were not released, the contempt petitions are preferred.

4. The Court has also recorded the averments made in the affidavit-in-opposition filed in response to the writ petitions to the effect that the Committee constituted to scrutinise the reports received from the Chief Ministers' Vigilance Cell in relation to the bills submitted by the petitioner had held that the petitioners had supplied the relief materials to the flood affected persons to the satisfaction of the respondent authorities.

5. It transpires that in the affidavit-in-opposition filed by the respondent no. 1, a stand taken in the following terms :-

'...... regarding genuineness of supply of GR relief materials at the time of alleged devastating flood occurred during 2016-2017, two enquiry reports were received containing contrasting findings i.e., one from the Chief Minister's Special Vigilance Cell

on 04.12.2022 and other from the then Lower Assam Commissioner on 16.09.2017. Thereafter, upon receipt of two enquiry reports containing contrasting findings, a committee was constituted by the Revenue and Disaster Management Department to examine the reports and submit its report on the matter. Having examined all the materials/reports, the committee submitted its reports inter-alia in the following terms :

[i] There was a devastating flood in both Mankacachar and South Salmara District during July-Ausust-2016;

[ii] The then District Administration of the District undertook effective flood management measures to address the situation and no deliberate lapse or intention to mislead the Government; and [iii] Both the Circle Officers of the district were duty bound to inform the District Commissioner concerned about the on-field situation and submit intend of GR fund, if situation demand.

From the report of the Departmental Committee, it is clear that there was a devastating flood in both Mankachar and South Salmara Revenue Circle during July, August-2016. However, the said report lacked emphasis on the financial side i.e., whether the claim is justified and even if flood had indeed occurred, whether the magnitude of the relief operation was commensurate to the payment.

As per the knowledge of the Deponent in the meantime vide Notification under No.ECF.No.698075/2 dated 04.09.2025, Government of Assam was pleased to constitute a committee to examine whether the magnitude of the Relief Operation was commensurate to the payment claimed and also to examine the alleged irregularities in distribution of Gratuitous Relief Fund in South Salmara Mankachar district during 2016- 17 against which several Writ Petitions and Contempt Cases have been filed by the vendors who had supplied GR materials in the said district during 2016-17.'

6. On 07.01.2026, a communication dated 07.01.2026 of the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department was placed before the Court. Upon perusal, a Coordinate Bench has inter alia observed as under :-

A reading of the contents of the said letter would however give an impression that the Department is sitting over the orders of the Court which are the subject-matter of these contempt petitions.

7. List the cases on 11.03.2026.

JUDGE

Comparing Assistant