M/S Saha Traders vs Gyanendra Dev Tripathi
2026 Latest Caselaw 2062 Gua

Gauhati High Court

M/S Saha Traders vs Gyanendra Dev Tripathi on 11 March, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                           Page No.# 1/10

GAHC010121622025




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                              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
                                                               Page No.# 2/10

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
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
                                                               Page No.# 3/10

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)/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
 ------------
                                                                                          Page No.# 4/10

            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 : --11.03.2026

Heard Mr. R. Islam, learned counsel for the petitioners; Mr. R. Barpujari, learned counsel for the respondent no. 1; and Mr. D. Nath, learned counsel for the respondent no. 2.

2. These cases were listed today pursuant to Order dated 06.03.2026. The following Order was passed on 06.03.2026 :-

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 Page No.# 5/10

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 was 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;

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[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.'

3. 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 :-

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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.

4. From the materials on record, it has emerged that after submission of the two Enquiry Reports, dated 16.09.2017 and dated 04.12.2022, a Committee was constituted with the following members and the Terms of Reference vide a Notification dated 24.06.2023 :-

GOVERNMENT OF ASSAM

REVENUE & D.M. [GENERAL] DEPARTMENT,

DISPUR, GUWAHATI-6

No. 230412 1/204104/2023 24.06.2023

NOTIFICATION

On consequent of Govt., order no. ECF/245192/14-A did. 12th May, 2023 and the transfer of Sri Bhaskar Pegu, IAS from Revenue & DM Department, the Governor of Assam is pleased to reconstitute the Committee with the following members to examine the reports of the enquiry officers/agency in the matter of alleged Irregularities in distribution of Gratuitous Relief In South Salmara, Mankachar District during 2016-17 in WP[C] No.3585/2019, WP[C] No.3573/2019, WP[C] No.3570/2019, WP[C] No.3596/2019, WP[C] No.3576/2019.

1. Sri Ananta Lal Giyani, IAS, Secretary Chairman

2. Sri Dipankar Das, ACS, Joint Secretary Member

3. Sri Alakanada Medhi, ACS Member

Deputy Secretary & SPC

The committee will examine the reports of the Commissioner, Lower Assam Division and the Chief Minister's Special Vigilance Cell and submit the Page No.# 8/10

findings within fifteen days.

sd/-

Principal Secretary to the Govt. of Assam Revenue & Disaster Management Department

5. Subsequent to the Orders dated 22.05.2024 whereby the writ petitions were disposed of, another committee was constituted with the following members and the Term of Reference :-

GOVERNMENT OF ASSAM

REVENUE & DISASTER MANAGEMENT DEPARTMENT

[DISASTER MANAGEMENT]

DISPUR, GUWAHATI-6

ORDERS BY THE GOVERNOR OF ASSAM

NOTIFICATION

04.09.2025

ECF. No. 698075/2: The Governor of Assam is pleased to constitute a Committee with the following members to examine the alleged irregularities in distribution of Gratuitous Relief Fund in South Salmara Mankachar District during 2016-17 against which several WP[C]s and Cont. Cases have been filed by the vendors who had supplied GR materials in the District during 2016-17:

1 Smti. Meenakshi Das Nath, ACS, Secretary & Addl. CEO, ASDMA Chairman .

Page No.# 9/10

2 Shri Shyamal Kshetra Gogoi, ACS, Joint Secretary Member Secretary .

3 Smti. Momi Dihingia, AFS, Sr. Financial Adviser Member .

4 Dr. Mirza Mohammad Irshad, PO, ASDMA Member .

5 Dr. Kripal Mazumder, PO, ASDMA Member .

6 Shri. Biren Baishya, GIS Expert, ASDMA Member .

The Committee will examine whether the magnitude of the Relief Operation was commensurate to the payment claimed.

sd/-

Additional Chief Secretary to the Govt. of Assam, Revenue & Disaster Management Department

6. On comparison of the Term of Reference mentioned in the two Notifications, dated 24.06.2023 & dated 04.09.2025, the Court does not prima facie find any dissimilarity in the Terms of Reference of the two Committees. The first Committee constituted vide Notification dated 24.06.2023 submitted a Report recording its findings. It was thereafter, the writ petitions were disposed of. It is not within the comprehension of this Court as to why the second Committee vide Notification dated 04.09.2025 with similar Terms of Reference has been constituted.

7. There is no discernible steps seem to have been taken for implementation of the Orders dated 22.05.2024. No application was filed, at point of time earlier, by any of the respondents seeking extension of the time period for implementation of the Orders. No appeal has been preferred to assail the Orders dated 22.05.2024.

8. Mr. Borpujari, learned counsel appearing for the respondent no. 1 has submitted, on the basis of written instructions received from the respondent no. 1, that the final calculation of the admissible amounts to be paid to the vendors has been completed and the matter is Page No.# 10/10

on the process of due approval for funds following financial norms like release of budget to the DC/DDO concerned, who will, in turn, prepare bills to treasury to release the amounts to the individual vendors.

9. The above obtaining fact situation is clearly suggestive of the position that there is no real intent on the part of the alleged contemnors to comply with the Orders dated 22.05.2024 in the right earnest.

10. The Hon'ble Supreme Court in Israr Ahmed Khan vs. Amarnath Prasad and others, 2026 INSC 209 has observed that the parties who are allegedly in contempt is not to be given an unduly long rope. The formation of the second Committee after the Orders dated 22.05.2024 appears to be an inexcusable justification for non-compliance.

11. Having considered the above facts and circumstances, a last opportunity of one month is given to the respondents to comply with the Order and to file a compliance report.

12. List the case on 27.04.2026.

13. In the event, it is noticed the Orders dated 22.05.2024 are not complied with, the Court would give consideration to pass further orders within the purview of contempt jurisdiction.

JUDGE

Comparing Assistant